DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Emergent Cold Pty Ltd
(AG2019/4945)

EMERGENT COLD PTY LTD BRISBANE - CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2020

Clerical industry
DEPUTY PRESIDENT LAKE	BRISBANE, 10 FEBRUARY 2020

Application for approval of the Emergent Cold Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Emergent Cold Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Emergent Cold Pty Ltd (the Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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, 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 17 February 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Emergent Cold Pty Ltd for the approval of the Emergent Cold Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for clerical employees within the company, specifically focusing on the agreement that was proposed for endorsement. The Fair Work Commission was tasked with assessing the application and determining whether the agreement met the necessary legal standards for approval.

The legal issues central to the case revolved around the compliance of the proposed enterprise agreement with the Fair Work Act 2009. This included whether the agreement had been made in good faith, whether it contained the minimum entitlements required by law, and whether the agreement had been fairly negotiated. The Commission also needed to consider whether the agreement provided for a fair and efficient workplace and whether it adhered to the procedural requirements for the negotiation and approval of such agreements.

In evaluating the application, the Fair Work Commission examined the negotiation process and the contents of the proposed agreement. The Commission confirmed that the agreement had been made in good faith and that it included all the mandated minimum entitlements. It was found that the agreement was fair and efficient and that it complied with the statutory requirements. The Commission was satisfied with the procedural integrity of the negotiation process and found no grounds to reject the application. Consequently, the Commission approved the Emergent Cold Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2020, endorsing it as a lawful and fair agreement for the employees concerned.

The final orders of the Fair Work Commission were that the Emergent Cold Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration, providing a binding framework for the employment conditions of the clerical employees within the company. The decision underscored the importance of fair and transparent negotiation processes in the creation of enterprise agreements and highlighted the role of the Fair Work Commission in ensuring that such agreements meet legal standards.

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