DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergent Cold Pty Ltd
(AG2019/3866)

EMERGENT COLD PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 30 OCTOBER 2019

Application for approval of the Emergent Cold Pty Ltd Western Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Emergent Cold Pty Ltd Western Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emergent Cold Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Shop, Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 6 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emergent Cold Pty Ltd applied for the approval of the Western Australia Enterprise Agreement 2019. The application was made under section 177 of the Fair Work Act 2009. The applicant argued that the agreement contained appropriate provisions for the payment of wages, conditions of employment, and other matters. The applicant also submitted that the agreement was not likely to have the effect of significantly disadvantaging employees.

The legal issues before the court were whether the agreement contained appropriate provisions for the payment of wages, conditions of employment, and other matters, and whether the agreement was likely to have the effect of significantly disadvantaging employees. The court considered the provisions of the agreement, the evidence presented by the parties, and relevant legislation and case law. The court found that the agreement contained appropriate provisions for the payment of wages, conditions of employment, and other matters, and that the agreement was not likely to have the effect of significantly disadvantaging employees. The court approved the agreement.

The court's approval of the agreement means that it is now a legally binding document between the parties. The agreement will regulate the terms and conditions of employment for the employees covered by the agreement. The applicant is now able to implement the provisions of the agreement, and the employees are bound by the terms of the agreement. The approval of the agreement will provide certainty and stability for both the applicant and the employees.

Emergent Cold Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established