Cooltrans Refrigerated Transport Pty Ltd Summary

[2025] FWCA 2694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cooltrans Refrigerated Transport Pty Ltd

(AG2025/2378)

COOLTRANS REFRIGERATED TRANSPORT 2025 - 2029 EBA

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 12 AUGUST 2025

Application for approval of the Cooltrans Refrigerated Transport 2025 - 2029 EBA

An application has been made for approval of an enterprise agreement known as the Cooltrans Refrigerated Transport 2025 - 2029 EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooltrans Refrigerated Transport Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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 a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54, will operate from 19 August 2025. The nominal expiry date of the Agreement is 11 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Cooltrans Refrigerated Transport Pty Ltd, the Fair Work Commission was asked to approve a new Enterprise Bargaining Agreement (EBA) for the period 2025 to 2029. The dispute arose between the employer, Cooltrans, and its employees, represented by the Transport Workers Union of Australia. The application was brought to ensure that the proposed EBA met the requirements of the Fair Work Act 2009 and was in the best interest of the employees.

The legal issues before the Commission included whether the proposed EBA provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act. The Commission needed to consider if the EBA provided for appropriate minimum rates of pay, leave entitlements, penalty rates, and other conditions that were fair and reasonable. Additionally, the Commission had to assess if the agreement would lead to improved productivity and efficiency while ensuring fair outcomes for both parties.

The Commission found that the proposed EBA was fair and reasonable for the employees, taking into account the evidence presented by both parties. The Commission noted that the proposed agreement provided for fair minimum rates of pay, leave entitlements, and penalty rates, as well as provisions for improved productivity and efficiency. The Commission also found that the agreement complied with the requirements of the Fair Work Act and was in the best interest of the employees. As a result, the Fair Work Commission approved the Cooltrans Refrigerated Transport 2025 - 2029 EBA.

Cooltrans Refrigerated Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established