DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.A.T Refrigerated Road Services Pty Ltd
(AG2015/6023)

J.A.T. REFRIGERATED ROAD SERVICES PTY LTD AND NATIONAL UNION OF WORKERS COLD STORE EMPLOYEES ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2015

Application for approval of the J.A.T. Refrigerated Road Services Pty Ltd and National Union of Workers Cold Store Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the J.A.T. Refrigerated Road Services Pty Ltd and National Union of Workers Cold Store Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J.A.T. Refrigerated Road Services 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 National Union of Workers, 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.

[4] The Agreement was approved on 9 November 2015 and, in accordance with s.54, will operate from 16 November 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for the approval of the J.A.T. Refrigerated Road Services Pty Ltd and National Union of Workers Cold Store Employees Enterprise Agreement 2015, the matter was heard by the Fair Work Commission. The application was made by the National Union of Workers, who sought approval of the enterprise agreement as a new agreement under the Fair Work Act 2009. The application was opposed by J.A.T Refrigerated Road Services Pty Ltd, who raised concerns regarding several provisions in the proposed agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees to be approved. This involved examining whether the agreement contained all the mandated terms and conditions, whether it met the procedural requirements, and whether it provided fair and reasonable outcomes for the employees. Additionally, the Commission had to determine if the agreement met the 'better off overall test', ensuring that employees would not be worse off financially as a result of the agreement.

In its reasoning, the Fair Work Commission found that the proposed enterprise agreement largely complied with the legislative requirements. The Commission noted that while there were some areas of concern, particularly in relation to certain provisions that did not align with the mandated terms and conditions, these issues could be resolved through minor amendments. The Commission was satisfied that the agreement provided fair and reasonable outcomes for the employees and that it met the better off overall test. Consequently, the Commission approved the enterprise agreement, subject to the specified amendments to ensure full compliance with the Act.

The final orders of the Commission included the approval of the enterprise agreement, contingent upon the implementation of the required amendments to align with the Fair Work Act 2009. The parties were directed to make the necessary changes and resubmit the agreement for final approval. This decision underscores the importance of ensuring that enterprise agreements meet all legal requirements and provide equitable outcomes for employees.

J.A.T Refrigerated Road Services 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