Americold Logistics Limited T/A Americold Logistics

[2014] FWCA 8160

FAIR WORK COMMISSION

DECISION

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

Americold Logistics Limited T/A Americold Logistics
(AG2014/8035)

AMERICOLD NEW SOUTH WALES - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Americold New South Wales - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Americold New South Wales - 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. On 10 November 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 Australasian Meat Industry Employees Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2014. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Americold Logistics Limited, trading as Americold Logistics, and its employees. The dispute centred on the application for approval of the Americold New South Wales - Enterprise Agreement 2014. The primary issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court had to consider whether the agreement was a "registered agreement" as defined by the legislation. This required assessing if the agreement was made in good faith and if it had been properly certified by the Australian Building and Construction Commission. Additionally, the court needed to ensure the agreement complied with the relevant provisions of the Fair Work Act, particularly in terms of the employees' rights and protections.

In its decision, the Fair Work Commission found that the Americold New South Wales - Enterprise Agreement 2014 was indeed a bona fide agreement. The court was satisfied that the agreement was made in good faith and had been certified as required. The commission further determined that the agreement did not unfairly discriminate against any of the employees and complied with all relevant provisions of the Fair Work Act. Consequently, the court approved the agreement, ensuring that it would serve as a legally binding contract between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established