Americold Logistics Limited

[2024] FWCA 58

[2024] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Americold Logistics Limited

(AG2023/4667)

AMERICOLD HEMMANT – ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 JANUARY 2024

Application for approval of the Americold Hemmant – Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement to be known as the Americold Hemmant – Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Americold Logistics Limited (Employer). The Agreement is a single enterprise agreement.

Application brought out of time

1. The Agreement was lodged with the Commission on 30 November 2023.  Section 185(3)(a) of the Act provides that an enterprise agreement must be lodged with the Commission for approval within 14 days of it being made (i.e. approved by relevant employees), or within such time as the Commission allows if it considers it fair to extend the time period for lodgement.  Given the Agreement was made on 15 November 2023, it ought to have been lodged by 29 November 2023. The Employer has made submissions that detail the circumstances as to why the Agreement was lodged one day outside of the 14 day period.  In the circumstances of this application and having regard to the matters outlined by the Employer, I do consider it fair to extend the period in which this application (for approval of an enterprise agreement) was lodged with the Commission to 30 November 2023.

Undertakings

1. The Employer has provided written undertakings dated 5 January 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The United Workers' Union, and the Shop, Distributive and Allied Employees Association, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A