DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics
(AG2018/7363)

AMERICOLD VICTORIA MAINTENANCE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 APRIL 2019

Application for approval of the Americold Victoria Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Americold Victoria Maintenance 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The National Union of Workers 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.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Americold Logistics Limited T/A Americold Logistics, a company operating in the logistics and warehousing sector, sought approval for the Americold Victoria Maintenance Enterprise Agreement 2018 from the Fair Work Commission. The dispute centred on the proposed terms of the enterprise agreement, which aimed to govern the employment conditions of certain employees within the company's Victoria operations. The legal issues that required resolution included whether the agreement provided adequate protections for employees and whether it complied with relevant industrial relations legislation.

The Fair Work Commission examined the provisions of the agreement, including terms related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission assessed whether the agreement was fair and reasonable, considering the interests of both the employer and the employees. In evaluating the fairness of the agreement, the Commission took into account the evidence presented by both parties and the broader context of the industrial relations framework. The Commission concluded that the agreement met the necessary standards for approval and was fair and reasonable for the employees involved.

The Fair Work Commission approved the Americold Victoria Maintenance Enterprise Agreement 2018, determining that it provided appropriate protections for the employees and complied with the relevant industrial relations laws. The decision recognised the balance achieved in the agreement between the interests of the employer and the employees, and the Commission was satisfied that the agreement would operate effectively within the enterprise. The approval of the agreement ensures that the terms governing the employment conditions of the employees will be legally enforceable and provide a stable framework for their working relationship with the company.

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