Americold Logistics Limited T/A Americold Logistics Summary

[2024] FWCA 1636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics

(AG2024/1182)

AMERICOLD WESTERN AUSTRALIA – ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER TRAN	MELBOURNE, 3 MAY 2024

Application for approval of the Americold Western Australia – Enterprise Agreement 2023

Americold Logistics Limited T/A Americold Logistics has applied for approval of an enterprise agreement known as the Americold Western Australia – Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that Clause 2.6.2 is inconsistent with the National Employment Standards as it does not provide for notice in accordance with s 117 of the Act. Given the National Employment Standards precedence clause at Clause 1.3.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 Shop, Distributive and Allied Employees Association, 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 10 May 2024.

In accordance with Clause 1.3.2, the nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Americold Logistics Limited, trading as Americold Logistics, and its employees. The dispute centred on the approval of the Americold Western Australia – Enterprise Agreement 2023. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues at the core of this case involved whether the enterprise agreement adequately covered all the required provisions under the Fair Work Act, including the minimum entitlements, and whether it was free from any unfair provisions. Additionally, the Commission needed to ensure that the agreement was the product of genuine bargaining and did not contain any elements of coercion or undue influence. The applicants also had to demonstrate that they had taken reasonable steps to ensure that the agreement was properly communicated to all employees.

The Fair Work Commission considered the arguments presented by both parties, including the evidence provided regarding the bargaining process and the terms of the agreement. The Commission found that the agreement did meet the necessary legal standards. It contained all the required provisions, offered minimum entitlements as prescribed by law, and did not include any unfair provisions. Furthermore, the Commission was satisfied that the agreement was genuinely bargained and not influenced by any coercive or undue factors. The Commission also noted that the applicants had taken reasonable steps to ensure that the agreement was communicated effectively to all employees.

Consequently, the Fair Work Commission approved the Americold Western Australia – Enterprise Agreement 2023. The decision was made based on the findings that the agreement met all the legal requirements, offered fair terms to the employees, and was the product of genuine bargaining. The approval of the agreement was effective from the date of the decision.

Americold Logistics Limited T/A Americold Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established