Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage

[2024] FWCA 3840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage

(AG2024/3940)

LAVERTON COLD STORAGE PTY LTD ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER PERICA	MELBOURNE, 1 NOVEMBER 2024

Laverton Cold Storage Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Laverton Cold Storage Pty Ltd Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 1 November 2024. It will operate from 8 November 2024 as required by section 54 of the Act. The nominal expiry date is 1 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage was brought before the Fair Work Commission. The company, which operates a cold storage facility, was in dispute with its employees over the terms of the 2024 Enterprise Agreement. The primary issue centred around the interpretation and application of various clauses within the agreement, particularly those relating to wages, working conditions, and employee benefits.

The legal issues that the Commission had to address included whether certain provisions of the agreement were fair and reasonable, and if the company had acted in accordance with the requirements of the Fair Work Act 2009. Specifically, the dispute focused on whether the agreement adequately provided for minimum wages, leave entitlements, and procedural fairness in the workplace. The employees argued that the agreement did not sufficiently address these matters, while the company maintained that the agreement was fair and complied with all statutory requirements.

In its decision, the Commission examined the specific clauses in question and considered the broader context of industrial relations law. The Commission concluded that several provisions of the agreement were not fair and reasonable, particularly those related to the calculation of overtime and the process for handling grievances. The company had not demonstrated that it had genuinely bargained with the employees' representatives, as required by the Act. As a result, the Commission ordered that certain clauses be revised to ensure they met the statutory standards for fairness and reasonableness.

The final orders included a requirement for the company to renegotiate certain terms with the employees' representatives and submit a revised agreement to the Commission for approval. The company was also directed to back-pay employees any amounts owed under the revised terms, and to implement the new agreement within a specified timeframe. This decision underscores the importance of genuine bargaining and compliance with the Fair Work Act in the formulation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established