DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics
(AG2018/6241)

AMERICOLD ACACIA RIDGE - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 APRIL 2019

Application for approval of the Americold Acacia Ridge - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Americold Acacia Ridge - Enterprise Agreement 2018 (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 the employer. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Americold Logistics Limited, trading as Americold Logistics, applied to the Fair Work Commission for the approval of the Americold Acacia Ridge - Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, with the primary focus being the procedural fairness and the merits of the agreement. The dispute involved employees' claims that the agreement did not adequately represent their interests and that the consultation process was flawed.

The legal issues before the court included whether the application was procedurally fair and whether the agreement was in the best interests of the employees. The court had to determine if there was adequate consultation and if the agreement met the necessary standards for approval. The court also needed to consider whether the agreement provided for fair and reasonable terms for the employees.

The court found that the application was procedurally fair, as there had been adequate consultation with the employees. The court further held that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms. The agreement included provisions for wages, conditions of employment, and dispute resolution mechanisms, which were deemed to be reasonable and fair. The court approved the agreement, finding that it met the necessary standards for approval.

The final orders of the court were that the Americold Acacia Ridge - Enterprise Agreement 2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement.

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