Americold Logistics Ltd

[2025] FWCA 3199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Americold Logistics Ltd

(AG2025/3111)

AMERICOLD TASMANIA AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER SLOAN	SYDNEY, 22 SEPTEMBER 2025

Application for approval of the Americold Tasmania and United Workers Union Enterprise Agreement 2025

Americold Logistics Ltd has applied for approval of a single enterprise agreement known as the Americold Tasmania and United Workers Union Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 29 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Americold Logistics Ltd applied to the Fair Work Commission to approve the Americold Tasmania and United Workers Union Enterprise Agreement 2025. The application was brought pursuant to section 234 of the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the employees it covered and should be approved. The United Workers Union intervened in support of the application. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement was not appropriate for the employees it covered.

The Commission considered whether the application met the criteria for approval under the Fair Work Act 2009. The Commission considered whether the agreement provided for the minimum terms and conditions of employment, whether it was appropriately tailored to the particular enterprise, and whether it was appropriate for the employees it covered. The Commission also considered whether the agreement provided for the protection of employees' rights and whether it was made in good faith.

The Commission found that the agreement met the criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions of employment, was appropriately tailored to the particular enterprise, and was appropriate for the employees it covered. The Commission also found that the agreement provided for the protection of employees' rights and was made in good faith. The Commission approved the Americold Tasmania and United Workers Union Enterprise Agreement 2025.

The Fair Work Commission approved the Americold Tasmania and United Workers Union Enterprise Agreement 2025. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for the minimum terms and conditions of employment, was appropriately tailored to the particular enterprise, and was appropriate for the employees it covered. The Commission also found that the agreement provided for the protection of employees' rights and was made in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established