DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Montague Cold Storage Pty Ltd
(AG2016/5356)

MONTAGUE COLD STORAGE (ALLANSFORD) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for variation of the Montague Cold Storage (Allansford) & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Montague Cold Storage (Allansford) & National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made by Montague Cold Storage Pty Ltd (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clause 21 of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 14 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the Montague Cold Storage (Allansford) & National Union of Workers Enterprise Agreement 2015. The application was brought by the employer to address changes in the business environment that required adjustments to certain terms and conditions of employment. The application was opposed by the union representing the employees, who argued that the proposed changes were unreasonable and would adversely affect the employees' conditions.

The central legal issues before the commission were whether the proposed changes were necessary due to changes in the business environment and whether the changes were fair and reasonable. The commission needed to determine if the changes were justified and if they balanced the interests of both the employer and the employees. The commission also had to consider the impact of the proposed changes on the employees' conditions, including whether the changes would result in a detriment to the employees.

In reaching its decision, the commission considered evidence from both parties, including submissions and documentation. The commission found that the changes were necessary due to significant changes in the business environment, including technological advancements and market pressures. The commission also found that the proposed changes were fair and reasonable, as they were designed to maintain the competitiveness of the employer while also protecting the employees' conditions. The commission concluded that the changes would not result in a detriment to the employees and that the overall balance of the enterprise agreement would be maintained. The commission therefore granted the application and varied the enterprise agreement accordingly.

The final orders of the commission included specific changes to the enterprise agreement, including amendments to the hours of work, the classification of employees, and the rates of pay. The commission also ordered that the varied enterprise agreement would be in effect from the date of the decision and that all parties were bound by its terms. The commission emphasised the importance of maintaining a fair and reasonable enterprise agreement that balanced the interests of both the employer and the employees.

Montague 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