DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Americold Logistics Limited T/A Americold Logistics
(AG2014/7986)

AMERICOLD ACACIA RIDGE - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Americold Acacia Ridge - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Americold Acacia Ridge - Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 7 November 2014. A Hearing was held on 27 November 2014. On 1 December 2014 I received a signed undertaking in response to the queries from Rachel Corcoran, Vice President, Human Resources. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Americold Logistics Limited T/A Americold Logistics applied to the Fair Work Commission for approval of the Americold Acacia Ridge - Enterprise Agreement 2014. The application arose as the agreement was required to be approved under the Fair Work Act 2009. The Fair Work Commission was required to consider whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Act, and whether it contained terms that were against the public interest or contrary to the objects of the Act. The Commission found that the agreement had been made in accordance with the procedural requirements of the Act and that it did not contain terms that were against the public interest or contrary to the objects of the Act.

The Commission approved the agreement under section 233 of the Act. The Commission found that the agreement contained terms that provided for fair and reasonable terms of employment for the employees covered by the agreement. The Commission also found that the agreement did not contain any terms that were against the public interest or contrary to the objects of the Act.

The Fair Work Commission approved the Americold Acacia Ridge - Enterprise Agreement 2014. The Commission found that the agreement met the requirements for approval under the Fair Work Act 2009 and that it contained terms that provided for fair and reasonable terms of employment for the employees covered by the agreement. The Commission also found that the agreement did not contain any terms that were against the public interest or contrary to the objects of the Act.

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