DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited
(AG2021/4314)

AMERICOLD VICTORIA AND THE UNITED WORKERS UNION – ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 APRIL 2021

Application for approval of the Americold Victoria and the United Workers Union - Enterprise Agreement 2020.

[1] Americold Logistics Limited has made an application for approval of an enterprise agreement known as the Americold Victoria and the United Workers Union - Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 April 2021 and, in accordance with s 54, will operate from 8 April 2021. The nominal expiry date of the Agreement is 31 October 224.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties in this case were Americold Logistics Limited and the United Workers Union. The dispute arose over the approval of the Americold Victoria and the United Workers Union - Enterprise Agreement 2020. The Fair Work Commission was the court that dealt with this matter. The Commission was required to determine whether the enterprise agreement should be approved under section 232 of the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement met the necessary criteria for approval. This included examining whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any provisions that might be considered contrary to the public interest or unfair to any party. The Commission also had to consider whether the agreement adequately addressed the needs of both employers and employees.

The Commission found that the agreement was fair and reasonable, and did not contain any provisions that were contrary to the public interest or unfair to either party. The agreement provided for appropriate terms and conditions, and balanced the interests of both employers and employees. Therefore, the Commission approved the Americold Victoria and the United Workers Union - Enterprise Agreement 2020 under section 232 of the Fair Work Act 2009.

This decision ensures that the enterprise agreement is legally binding and enforceable between Americold Logistics Limited and the United Workers Union, providing a framework for the terms and conditions of employment for the workers covered by the agreement.

Americold Logistics Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established