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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Americold Logistics Limited, trading as Americold Logistics, sought approval of the Americold New South Wales - Enterprise Agreement 2018. The application was heard in the Fair Work Commission, the tribunal responsible for overseeing the approval of enterprise agreements under Australian labour law. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to the process by which it was negotiated and the extent to which it provided for appropriate protections and entitlements for employees.

The legal issues before the Commission included whether the agreement was made in good faith and whether it provided for the employees' pay and conditions. Given that the agreement was not made through a bargaining representative, the Commission needed to ensure that it was indeed negotiated fairly and did not adversely affect the employees. Additionally, the Commission considered whether the agreement provided for minimum rates of pay and conditions as required by law, and whether it contained adequate dispute resolution mechanisms.

The Fair Work Commission concluded that the agreement was made in good faith and satisfied the requirements for approval. The Commission found that the negotiation process, while not involving a bargaining representative, was conducted in a manner that allowed for meaningful participation by the employees. The agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable award or registered agreement. Furthermore, the Commission was satisfied with the dispute resolution provisions contained in the agreement.

Accordingly, the Fair Work Commission approved the Americold New South Wales - Enterprise Agreement 2018. The approval ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement, subject to any subsequent changes or variations that may be agreed upon by the parties.

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