DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.B. Oxford Cold Storage Co. Pty. Ltd T/A Oxford Cold Storage
(AG2017/3023)

A.B. OXFORD COLD STORAGE CO. PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017-2018

Storage services
COMMISSIONER JOHNS	SYDNEY, 3 OCTOBER 2017

Application for approval of the A.B. Oxford Cold Storage Co. Pty Ltd & National Union of Workers Enterprise Agreement 2017-2018.

[1] On 21 July 2017 A.B. Oxford Cold Storage Co. Pty. Ltd T/A Oxford Cold Storage (Applicant) made an application for approval of the A.B. Oxford Cold Storage Co. Pty Ltd & National Union of Workers Enterprise Agreement 2017-2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the National Union of Workers has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of A.B. Oxford Cold Storage Co. Pty. Ltd T/A Oxford Cold Storage, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement between the company and the National Union of Workers. The enterprise agreement, covering the period from 2017 to 2018, was submitted for FWC's approval, which necessitated the examination of its compliance with relevant industrial laws and regulations.

The legal issues at the heart of this case centred around the necessity for the enterprise agreement to be in accordance with the provisions of the Fair Work Act 2009. Specifically, the FWC had to determine whether the agreement met the criteria for being "in the public interest" and whether it provided for fair and reasonable terms and conditions of employment. This involved scrutinising the agreement's provisions regarding wages, working hours, leave entitlements, and other employment conditions to ensure they did not unduly disadvantage employees or employers.

In its decision, the FWC meticulously examined the contents of the enterprise agreement, considering the input and submissions from both parties. The Commission concluded that the agreement was fair and reasonable, as it adequately balanced the interests of both employers and employees. The FWC found that the agreement provided for appropriate terms and conditions, and importantly, it did not undermine the broader public interest. Consequently, the FWC approved the enterprise agreement, allowing it to take effect as a binding arrangement between the company and the union.

A.B. Oxford Cold Storage Co. Pty. Ltd T/A Oxford Cold Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established