Coldunit Pty Ltd

[2013] FWCA 3373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coldunit Pty Ltd
(AG2013/6428)

COLDUNIT ENTERPRISE AGREEMENT 2013 - 2017

Storage services
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2013

Application for approval of the Coldunit Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for the approval of an enterprise agreement known as the Coldunit Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 that are relevant to this application for approval have been met.

[3] Undertakings have been provided by Coldunit Pty Ltd. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 29 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coldunit Pty Ltd applied to the Fair Work Commission for approval of the Coldunit Pty Ltd Enterprise Agreement 2013-2017. The Australian Manufacturing Workers Union opposed the application, arguing that the agreement did not comply with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issue before the Commission was whether the enterprise agreement provided adequate protection for employees' wages and conditions, including minimum rates of pay, penalty rates, and other entitlements. The Commission considered whether the agreement complied with the requirements of section 233 of the Fair Work Act, which mandates that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable awards or the safety net.

In reaching its decision, the Commission noted that the agreement contained provisions for minimum wage rates and penalty rates that were consistent with the relevant awards. The Commission found that the agreement did not disadvantage employees in terms of wages and conditions and was therefore in compliance with the Fair Work Act. The application for approval was subsequently granted.

The Fair Work Commission approved the Coldunit Pty Ltd Enterprise Agreement 2013-2017, effective from 1 April 2013. The agreement was to apply to all employees of Coldunit Pty Ltd who were covered by the agreement's specified scope. The Commission's decision confirmed that the agreement met the necessary legal standards for approval and was consistent with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established