DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited
(AG2019/1960)

AMERICOLD QUEENSLAND- ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the Americold Queensland- Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Americold Queensland- Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Americold Logistics Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The The Australian Workers’ Union & National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

Americold Logistics Limited applied for approval of the Americold Queensland-Enterprise Agreement 2019 in the Fair Work Commission. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009, which requires the agreement to meet certain criteria to be considered fair and appropriate. The primary issue before the Commission was whether the agreement satisfied the requirements of being a "better off overall test" (BOOT) and whether it contained appropriate provisions for employee representation and dispute resolution.

The Commission examined the agreement to determine if it provided employees with at least the minimum rates of pay and conditions set out in the relevant award, and if it provided employees with benefits that were no less favourable than those provided under the relevant award or a higher-level agreement. The Commission also considered whether the agreement contained appropriate provisions for employee representation and dispute resolution mechanisms, as required by the Fair Work Act. After careful consideration, the Commission found that the agreement met all the necessary criteria and approved it, finding it to be a fair and appropriate agreement for the employees involved. The Commission's decision was based on the evidence presented by both parties and its interpretation of the relevant provisions of the Fair Work Act. The Americold Queensland-Enterprise Agreement 2019 was approved, and the parties were directed to take all necessary steps to give effect to 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