DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Americold Logistics Limited T/A Americold Logistics
(AG2016/7322)

AMERICOLD WESTERN AUSTRALIA - ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Americold Western Australia - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Americold Western Australia - Enterprise Agreement 2016 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees’ Association 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 was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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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 Western Australia - Enterprise Agreement 2016. The dispute concerned the terms and conditions of employment for employees within the specified enterprise. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues the Court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum entitlements, procedural fairness, and compliance with the good faith bargaining principles. The Court also considered whether the agreement was made in accordance with the prescribed process and whether it was sufficiently comprehensive to cover all relevant terms of employment.

The Court examined the application and supporting evidence, including submissions from the parties and any relevant industrial instruments. The Court found that the agreement was made in good faith, met the minimum entitlements as prescribed by the Act, and was comprehensive in covering all terms of employment. The Court also confirmed that the agreement was made following the prescribed process and was fair and reasonable in its terms. Based on this, the Court approved the agreement.

The final order of the Court was the approval of the Americold Western Australia - Enterprise Agreement 2016, which is now a legally binding instrument between the employer and the employees covered by the agreement. The approval ensures that the terms and conditions of employment within the enterprise are regulated by the agreement, providing a framework for industrial relations within the specified enterprise.

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