DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montague Cold Storage Pty Ltd
(AG2015/3830)

MONTAGUE COLD STORAGE (WEST MELBOURNE & TRUGANINA) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 9 JULY 2015

Application for approval of the Montague Cold Storage (West Melbourne & Truganina) & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Montague Cold Storage (West Melbourne & Truganina) & National Union of Workers 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 Montague Cold Storage 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 July 2015 and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The National Union of Workers contested the application. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The central issue was whether the agreement contained proper provisions concerning employee entitlements and conditions, including minimum wages, hours of work, and leave entitlements. The union argued that the agreement did not sufficiently protect employees' rights and failed to meet the statutory requirements for approval. The Commission considered the arguments from both parties and reviewed the provisions of the agreement in light of the Fair Work Act. The Commission found that the agreement did comply with the necessary legal requirements, including adequate provisions for employee entitlements and conditions. Consequently, the Commission approved the enterprise agreement, finding it met all statutory requirements for approval. The decision was made final and binding, and the agreement was approved as a registered instrument.

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