Americold Logistics Limited T/A Americold Logistics

[2025] FWCA 261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics

(AG2024/5225)

AMERICOLD VICTORIA AND THE UNITED WORKERS UNION – ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER JOHNS	MELBOURNE, 22 JANUARY 2025

Application for approval of the Americold Victoria and the United Workers Union – Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Americold Victoria and the United Workers Union – Enterprise Agreement 2024 (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 T/A Americold Logistics. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Americold Logistics Limited, trading as Americold Logistics, sought approval of a new enterprise agreement for its employees in Victoria. The United Workers Union (UWU) had negotiated this agreement on behalf of the employees, and the matter came before the Fair Work Commission. The primary issue for the Commission was whether the agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The UWU argued that the agreement was fair and reasonable, while Americold Logistics contended that certain provisions were not justifiable under the Act.

The Commission considered various aspects of the agreement, including the procedural fairness of the negotiation process, the content of the agreement, and whether it met the "better off overall test" (BOOT). The Commission found that the negotiation process was fair and that the agreement contained provisions that were necessary to protect employees' rights and interests. Regarding the BOOT, the Commission concluded that the agreement provided for terms and conditions that were at least as good as, or better than, those previously in place. The Commission also considered the impact of the agreement on the employees' overall working conditions, including their remuneration, hours of work, and other entitlements.

Having examined the agreement in detail, the Commission approved it, finding that it met the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission acknowledged the efforts of both parties in reaching a negotiated agreement that balanced the interests of the employees and the employer. The final orders of the Commission included the approval of the Americold Victoria and the United Workers Union – Enterprise Agreement 2024, which would now apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established