DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laverton Cold Storage Pty Ltd
(AG2018/3602)

LAVERTON COLD STORAGE PTY LTD ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2018

Application for approval of the Laverton Cold Storage Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Laverton Cold Storage Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laverton Cold Storage Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 November 2018 and, in accordance with s.54, will operate from 27 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Laverton Cold Storage Pty Ltd, sought approval for the Laverton Cold Storage Pty Ltd Enterprise Agreement 2018. The respondent, United Voice, a trade union, objected to the approval on several grounds, including concerns over the agreement's compliance with various statutory requirements. The central issue before the Commission was whether the agreement met all the necessary legal criteria for approval under the Fair Work Act 2009.

The Commission examined the agreement clause by clause, assessing its alignment with the Fair Work Act and associated regulations. Particular attention was given to the provisions concerning employee entitlements, such as wages, hours of work, and conditions of employment. The Commission also evaluated whether the agreement provided adequate protections for employees and maintained a fair balance between the interests of the employer and the workforce. Furthermore, the Commission considered the process through which the agreement was negotiated and whether it complied with the procedural fairness requirements stipulated by the Act.

After thorough deliberation, the Commission concluded that the Laverton Cold Storage Pty Ltd Enterprise Agreement 2018 was generally compliant with the Fair Work Act. While the Commission noted some minor deficiencies in certain clauses, it determined that these issues could be rectified without undermining the overall fairness and effectiveness of the agreement. The Commission found that the negotiation process had been conducted in good faith and that the agreement provided a fair and reasonable outcome for both parties. Accordingly, the application for approval was granted, subject to the specified conditions.

The Commission's final order was that the Laverton Cold Storage Pty Ltd Enterprise Agreement 2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were directed to make necessary amendments to address the identified minor issues. The Commission also mandated that the employer and the union work collaboratively to ensure the effective implementation of the agreement.

Laverton Cold Storage 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