Americold Logistics Limited T/A Americold Logistics

[2019] FWCA 865

[2019] FWCA 865

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
(AG2018/7007)

AMERICOLD NEW SOUTH WALES - ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Americold New South Wales - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Americold New South Wales – 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] I note that clauses 2.4 and 2.7 are inconsistent with the National Employment Standards as Redundancy (clause 2.4) restricts when redundancy is payable to employees, and clause 2.7 contains an Abandonment clause. Given the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australasian Meat Industry Employees Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

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Annexure A