DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cold Logic Pty Ltd
(AG2015/2831)

COLD LOGIC PTY LTD RAINFRESH REFRIGERATED WAREHOUSE C6968 ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 AUGUST 2015

Application for approval of the Cold Logic Pty Ltd Rainfresh Refrigerated Warehouse C6968 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Cold Logic Pty Ltd Rainfresh Refrigerated Warehouse C6968 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cold Logic Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 1 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cold Logic Pty Ltd recently appeared before the Fair Work Commission, with the matter concerning the approval of the Cold Logic Pty Ltd Rainfresh Refrigerated Warehouse C6968 Enterprise Agreement. This dispute involved the negotiation and formalisation of the terms and conditions of employment for the employees working in the Rainfresh Refrigerated Warehouse, managed by Cold Logic Pty Ltd. The application sought the Commission's approval of the agreement to ensure compliance with the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval and whether it provided fair and reasonable terms for the employees. This included ensuring the agreement was free from prohibited content, was genuinely negotiated, and contained terms that did not undermine the safety and welfare of the employees. The Commission also had to consider whether the agreement satisfied the 'better off overall test', which assesses whether employees are no worse off financially and have at least equal conditions in relation to their employment terms.

In delivering the decision, the Commission found that the enterprise agreement was fairly negotiated and contained terms that were not contrary to the public interest or detrimental to the employees. The Commission concluded that the agreement provided fair and reasonable terms for the employees, met the 'better off overall test', and did not contain any prohibited content. Consequently, the Commission approved the Cold Logic Pty Ltd Rainfresh Refrigerated Warehouse C6968 Enterprise Agreement, ensuring that the terms and conditions of employment were legally compliant and fair for the employees involved.

As a result of the approval, the enterprise agreement now sets the terms and conditions of employment for the employees at the Rainfresh Refrigerated Warehouse, managed by Cold Logic Pty Ltd, subject to the provisions of the Fair Work Act 2009.

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