DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montague Cold Storage Pty Ltd T/A Montague Cold Storage
(AG2018/5088)

MONTAGUE COLD STORAGE TULLAMARINE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2018.

[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 2018 (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 T/A Montague Cold Storage. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, trading as Montague Cold Storage, sought approval of an enterprise agreement with the National Union of Workers. The matter was heard in the Fair Work Commission, which is responsible for approving and registering enterprise agreements under the Fair Work Act 2009. The central issue before the Commission was whether the proposed agreement met the legal requirements for approval, including compliance with the Act and the absence of any provisions that would undermine the integrity of the industrial relations system.

The Commission examined whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and if it contained terms that were within the scope of the agreement. Furthermore, the Commission needed to ensure that the agreement did not include provisions that would be contrary to public policy or undermine the fundamental rights of employees. The application was contested by the union, which raised concerns about specific clauses within the agreement.

In reaching its decision, the Commission found that the agreement had been made in good faith and covered the appropriate bargaining unit. The Commission also determined that the agreement contained provisions that were within the scope of the agreement and did not contravene public policy or undermine the fundamental rights of employees. Consequently, the application for approval was granted. The Commission's decision was based on a comprehensive review of the agreement and the submissions made by both parties, ensuring that all legal requirements were met.

The Fair Work Commission approved the application for the Montague Cold Storage Tullamarine & National Union of Workers Enterprise Agreement 2018, subject to certain conditions that were set out in the decision. These conditions were aimed at ensuring that the agreement continued to meet the legal requirements for approval and did not undermine the integrity of the industrial relations system.

Montague Cold Storage Pty Ltd T/A Montague 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