DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage
(AG2021/6499)

LAVERTON COLD STORAGE PTY LTD ENTERPRISE AGREEMENT 2021

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 AUGUST 2021

Application for approval of the Laverton Cold Storage Pty Ltd Enterprise Agreement 2021.

[1] Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage (the Employer) has made an application for approval of an enterprise agreement known as the Laverton Cold Storage Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the 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 United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 4 August 2021 and, in accordance with s 54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 4 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage, the Fair Work Commission addressed an application for the approval of the Laverton Cold Storage Pty Ltd Enterprise Agreement 2021. The applicant, Laverton Cold Storage, sought to have the enterprise agreement approved under the Fair Work Act 2009. The agreement, if approved, would cover employees who are classified as casual employees within the company.

The legal issues that the Commission was required to decide centred around whether the proposed agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, was made in good faith, and was free from any elements that would unduly disadvantage employees. Additionally, the Commission examined whether the agreement adequately addressed the rights and obligations of both the employer and the employees.

In delivering its decision, the Commission noted that the agreement contained provisions that were fair and reasonable, and that the parties had engaged in good faith during the negotiation process. The Commission found that the agreement was comprehensive and provided adequate protections for the employees, including provisions for leave entitlements, minimum rates of pay, and the ability to bargain collectively. The Commission also noted that the agreement did not include any terms that would unduly disadvantage the employees. Consequently, the Commission approved the Laverton Cold Storage Pty Ltd Enterprise Agreement 2021, deeming it to meet all necessary criteria for approval under the Fair Work Act.

As a result of this decision, the enterprise agreement will now be applicable to the relevant employees of Laverton Cold Storage, providing them with the terms and conditions of employment as outlined in the agreement. This outcome ensures that both the employer and employees have a clear and legally binding framework within which to operate, promoting a fair and productive working environment.

Laverton Cold Storage Pty Ltd T/A Laverton Cold Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established