Americold Logistics Ltd
[2025] FWCA 2094
•26 JUNE 2025
| [2025] FWCA 2094 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Americold Logistics Ltd
(AG2025/1779)
AMERICOLD VICTORIA MAINTENANCE ENTERPRISE AGREEMENT 2024
| Storage services | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 26 JUNE 2025 |
Application for approval of the Americold Victoria Maintenance Enterprise Agreement 2024
Americold Logistics Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Americold Victoria Maintenance Enterprise Agreement 2024 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
I note that some provisions of the Agreement (being clause 2.6.2 (Abandonment) and 5.7.5 (Public Holidays) may be inconsistent with the National Employment Standards (NES). However, clause 1.3.4 (Relationship to the National Employment Standard) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the NES.
The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
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Annexure A
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