Americold Logistics Limited T/A Americold Logistics

[2021] FWCA 2537

[2021] FWCA 2537

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
(AG2021/4793)

AMERICOLD WESTERN AUSTRALIA - ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 6 MAY 2021

Application for approval of the Americold Western Australia - Enterprise Agreement 2020.

[1] Americold Logistics Limited T/A Americold Logistics (the Applicant) has made an application for approval of an enterprise agreement known as the Americold Western Australia - Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 April 2021.

[3] That same day, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form, filed 4 May 2021. The undertaking deals with the following topic:

•  Shift workers will be provided a fifth week of annual leave, consistent with the National Employment Standards.

[5] A copy of the undertaking has been provided to the “Shop, Distributive and Allied Employees Association” (SDA) as bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The SDA supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The SDA, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2023.

COMMISSIONER

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