DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cold Logic Pty Ltd
(AG2019/5183)

COLD LOGIC PTY LTD WOOLWORTHS MELBOURNE FRESH DISTRIBUTION CENTRE C12304 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Cold Logic Pty Ltd Woolworths Melbourne Fresh Distribution Centre C12304 Enterprise Agreement.

[1] Application has been made by Cold Logic Pty Ltd for approval of a single enterprise agreement known as the Cold Logic Pty Ltd Woolworths Melbourne Fresh Distribution Centre C12304 Enterprise Agreement (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Cold Logic Pty Ltd, the Fair Work Commission heard an application for the approval of the Cold Logic Pty Ltd Woolworths Melbourne Fresh Distribution Centre C12304 Enterprise Agreement. The applicant, Cold Logic Pty Ltd, sought the approval of this enterprise agreement, which was intended to regulate the employment conditions of workers at the Woolworths Melbourne Fresh Distribution Centre. The dispute involved the terms and conditions of employment for these workers, including issues such as wages, hours of work, leave entitlements, and other employment-related matters.

The central legal issues before the Fair Work Commission were whether the enterprise agreement met the statutory requirements for approval and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it included the necessary minimum terms, and if it did not include any prohibited content. Additionally, the Commission had to assess whether the agreement was likely to achieve a better industrial relations outcome for the employees.

The Fair Work Commission found that the Cold Logic Pty Ltd Woolworths Melbourne Fresh Distribution Centre C12304 Enterprise Agreement was made in good faith and included all the required minimum terms. The Commission determined that the agreement did not contain any prohibited content and was likely to achieve a better industrial relations outcome for the employees. The Commission was satisfied that the process leading up to the making of the agreement was fair and that it was appropriately negotiated. Therefore, the Commission approved the enterprise agreement under the Fair Work Act 2009.

As a result of the Fair Work Commission's approval, the Cold Logic Pty Ltd Woolworths Melbourne Fresh Distribution Centre C12304 Enterprise Agreement is now legally binding on all parties involved, setting out the terms and conditions of employment for the workers at the Woolworths Melbourne Fresh Distribution Centre.

Cold Logic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established