DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergent Cold Pty Ltd
(AG2019/2848)

EMERGENT COLD PTY LTD AND NATIONAL UNION OF WORKERS DRY CREEK ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2019

Application for approval of the Emergent Cold Pty Ltd and National Union of Workers Dry Creek Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Emergent Cold Pty Ltd and National Union of Workers Dry Creek Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[3] Subject to 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 National Union of Workers (NUW) 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 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 13 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emergent Cold Pty Ltd recently applied to the Fair Work Commission for approval of the Emergent Cold Pty Ltd and National Union of Workers Dry Creek Enterprise Agreement 2019. The applicant is an employer engaged in the manufacture of frozen foods and the respondent is a trade union representing its employees. The dispute concerns the terms and conditions of employment, including pay rates, hours of work, and other conditions such as leave entitlements and dispute resolution mechanisms.

The central legal issues the Commission was required to determine were whether the agreement was fairly negotiated, met the requirements of the Fair Work Act 2009, and did not contain any terms that were contrary to public policy or otherwise unlawful. The Commission had to consider whether the agreement provided for appropriate minimum entitlements, whether it contained terms that were necessary for the efficient operation of the business, and whether it complied with the procedural requirements for enterprise agreements under the Act.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fairly negotiated and met all the requirements of the Act. The Commission was satisfied that the agreement provided for appropriate minimum entitlements, contained necessary terms for the efficient operation of the business, and complied with the procedural requirements for enterprise agreements. The Commission also found that the agreement did not contain any terms that were contrary to public policy or otherwise unlawful. Accordingly, the Commission approved the agreement and made orders to that effect.

The Commission's decision provides useful guidance for employers and trade unions when negotiating and finalising enterprise agreements. The decision highlights the importance of ensuring that agreements are fairly negotiated, meet the requirements of the Act, and provide for appropriate minimum entitlements. The decision also confirms the importance of complying with the procedural requirements for enterprise agreements, including providing the necessary notices and opportunities for employees to review and object to the agreement.

Emergent Cold 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