DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergent Cold Pty Ltd
(AG2019/1310)

EMERGENT COLD PTY LTD CONVENIENCE OPERATIONS HEMMANT ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2019

Application for approval of the Emergent Cold Pty Ltd Convenience Operations Hemmant Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Emergent Cold Pty Ltd Convenience Operations Hemmant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 25 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Emergent Cold Pty Ltd applied to the Fair Work Commission for approval of the Emergent Cold Pty Ltd Convenience Operations Hemmant Enterprise Agreement 2019. The company sought to have the agreement registered under the Fair Work Act 2009. The primary dispute was whether the agreement met the necessary requirements for approval, specifically whether it contained terms that unfairly disadvantaged employees.

The key legal issue before the Commission was whether the agreement contained provisions that unfairly disadvantaged employees, as required by section 232 of the Fair Work Act. The Commission had to examine the terms of the agreement to determine if they complied with the relevant legislative criteria. The specific focus was on whether the agreement's terms were procedurally and substantively fair, and if they provided adequate protections for employees.

In reaching its decision, the Commission considered the principles of procedural and substantive fairness. The Commission found that the agreement's terms did not unfairly disadvantage employees and were in compliance with the Act. The Commission approved the agreement, finding that it met the necessary criteria for registration under the Fair Work Act. The Commission's decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the legislative requirements. The final orders of the Commission were that the Emergent Cold Pty Ltd Convenience Operations Hemmant Enterprise Agreement 2019 be approved and registered under the Fair Work Act.

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