Auscold Logistics Pty Ltd Summary

[2021] FWCA 6792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auscold Logistics Pty Ltd
(AG2021/8141)

AUSCOLD LOGISTICS EDINBURGH PARKS WAREHOUSE ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 NOVEMBER 2021

Application for approval of the Auscold Logistics Edinburgh Parks Warehouse Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Auscold Logistics Edinburgh Parks Warehouse Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 28 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Auscold Logistics Edinburgh Parks Warehouse Enterprise Agreement 2021 was heard by the Fair Work Commission. The applicant, Auscold Logistics, sought approval of the agreement which was negotiated with its employees. The dispute centred on the terms and conditions of employment outlined in the agreement and whether they complied with the relevant federal industrial laws.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the fair and reasonable nature of the agreement, and whether it provided for appropriate protections for employees. The Commission had to consider if the agreement was genuinely negotiated and if it included minimum terms and conditions as required by law.

The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. It was satisfied that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the need to achieve a balance between the interests of employers and employees. The Commission approved the agreement, noting that it provided for adequate protections and did not unfairly disadvantage any party.

As a result of the approval, the Auscold Logistics Edinburgh Parks Warehouse Enterprise Agreement 2021 is now legally binding on the parties. The decision reinforces the importance of fair and genuine bargaining processes in the formation of enterprise agreements.

Auscold Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established