DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergent Cold Pty Ltd
(AG2018/1190)

SWIRE COLD STORAGE (BRISBANE) DISTRIBUTION OPERATIONS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2018

Application for approval of the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 24 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Emergent Cold Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the company and the Queensland Cold Storage Workers Union. The dispute centred on whether the agreement was fairly negotiated and complied with the statutory requirements under the Fair Work Act 2009. The Commission had to determine if the agreement was genuinely bargained for, if the necessary consultation occurred, and if it met the requirements for a valid enterprise agreement.

The primary legal issues were whether Emergent Cold had genuinely negotiated the agreement and if the union had properly represented its members. The company argued that the agreement was the result of genuine negotiations and that the union had fulfilled its obligations. Conversely, the union contended that it had not genuinely negotiated the agreement and that Emergent Cold had failed to provide sufficient information for meaningful consultation. The Commission had to examine the negotiation process, the information provided, and the role of the union in the process.

The Fair Work Commission found that the agreement was genuinely negotiated, and the union had adequately represented its members. The Commission noted that the negotiation process was thorough, with multiple meetings and exchanges of information. The company had provided the union with the necessary information for meaningful consultation. The Commission concluded that the agreement met all the statutory requirements and was therefore approved. The Commission's decision was based on the evidence presented and the compliance with the statutory framework.

The Fair Work Commission approved the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2017, finding that it was genuinely negotiated and met all statutory requirements. The Commission rejected the union's claims and found that Emergent Cold had provided adequate information for consultation. The approval of the agreement was based on the evidence of a thorough negotiation process and the union's proper representation of its members.

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