DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics
(AG2015/4945)

AMERICOLD QUEENSLAND- ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT KOVACIC	BRISBANE, 8 OCTOBER 2015

Application for approval of the Americold Queensland- Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Americold Queensland- Enterprise Agreement 2015 (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.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Americold Logistics Limited T/A Americold Logistics. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2015. The nominal expiry date of the Agreement is 1 February 2019.

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Annexure A

CaseChat Overview and Summary

Americold Logistics Limited T/A Americold Logistics recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement was entered into by the employer and the warehouse workers' union, which represents the employees. The Commission was tasked with determining whether the agreement should be approved, which requires finding that it meets the "better off overall test" and does not contain any provisions that are contrary to public policy. The dispute arose out of a bargaining process between the employer and the union, which led to the agreement in question. The union argued that the agreement improved the employees' working conditions and pay, while the employer contended that it was necessary to remain competitive in the market.

The central legal issue before the Commission was whether the agreement was fair and reasonable, and whether it met the criteria for approval. The Commission had to consider whether the agreement provided for terms and conditions that were better off overall for the employees, and whether it contained any provisions that were contrary to public policy. The Commission also had to consider whether the agreement was made in good faith and whether the bargaining process was conducted in a fair and reasonable manner. The Commission found that the agreement did meet the better off overall test and did not contain any provisions that were contrary to public policy. The agreement provided for improved working conditions and pay for the employees, and was made in good faith.

The Commission approved the agreement, finding that it was fair and reasonable and met the criteria for approval. The Commission noted that the agreement provided for improvements to the employees' working conditions and pay, and that the bargaining process was conducted in a fair and reasonable manner. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The employer and the union were therefore directed to take all necessary steps to give effect to the agreement. The decision serves as a reminder of the importance of fair and reasonable bargaining in the workplace, and the role of the Commission in ensuring that enterprise agreements meet the necessary criteria for approval.

Americold Logistics Limited T/A Americold Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established