Montague Cold Storage Pty Ltd

[2014] FWCA 7196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Montague Cold Storage Pty Ltd
(AG2014/7686)

MONTAGUE COLD STORAGE TULLAMARINE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2014

Application for approval of the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 Agreement provides that Appendix A to the Agreement (Wage Rates) shall be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that Appendix A is confidential between the parties.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2014. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, a company engaged in the cold storage industry, applied for approval of the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2014. The National Union of Workers, representing the employees, was also a party to the application. The dispute centred on whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in good faith and if it met the "better off overall test," which requires that employees be no worse off financially and better off overall compared to their previous conditions. Additionally, the Commission examined whether the agreement had been made fairly, with adequate consultation and proper consideration of employee interests.

The Fair Work Commission found that the enterprise agreement was made in good faith and met the better off overall test. The Commission also determined that the agreement had been made fairly, with sufficient consultation and consideration of employee interests. The Commission was satisfied that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions, and that it appropriately balanced the interests of both the employer and the employees. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission's final orders included the approval of the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees represented by the National Union of Workers in relation to Montague Cold Storage Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established