Americold Logistics Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Americold Logistics Ltd applied to the Fair Work Commission for the approval of the Americold Victoria Maintenance Enterprise Agreement 2024. The dispute centered on the provisions of the proposed agreement, which aimed to regulate employment terms and conditions for maintenance workers at the company's Victoria facilities. The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, and whether it appropriately balanced the interests of employees and the employer. The Commission had to consider whether the agreement met the requirements for 'being suitable' as defined under the Act.

The Commission examined the agreement's provisions, focusing on the fairness and reasonableness of the proposed terms. Key considerations included the agreement's impact on wages, conditions of employment, and the overall employment relationship. The Commission assessed whether the agreement provided adequate protections for employees and if it allowed for a fair process for resolving disputes. The company argued that the agreement facilitated operational efficiency and provided benefits to employees, while employee representatives contended that certain provisions were overly favourable to the employer.

After careful deliberation, the Fair Work Commission determined that the Americold Victoria Maintenance Enterprise Agreement 2024 met the statutory requirements. The Commission found that the agreement provided fair and reasonable terms and conditions, balancing the interests of both parties. The Commission was satisfied that the agreement provided adequate protections for employees and allowed for the fair resolution of disputes. Consequently, the application for approval was granted.

The Commission's decision resulted in the formal approval of the Americold Victoria Maintenance Enterprise Agreement 2024. This agreement now governs the employment terms and conditions for maintenance workers at the company's Victoria facilities. The approval ensures that the agreement complies with the Fair Work Act 2009 and provides a framework for a balanced and fair employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established