Montague Cold Storage Pty Ltd T/A Montague Cold Storage

[2018] FWCA 7000

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Montague Cold Storage Pty Ltd T/A Montague Cold Storage

(AG2018/3713)

Montague Cold Storage & National Union of Workers Enterprise Agreement 2018

Storage services
Deputy President Colman	MELBOURNE, 15 NOVEMBER 2018

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

An application has been made for approval of an enterprise agreement known as the Montague Cold Storage & 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.

On the basis of the material contained in the application and 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· clause 33 – parental leave
However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, trading as Montague Cold Storage, applied for approval of the Montague Cold Storage & National Union of Workers Enterprise Agreement 2018. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers covered by the proposed enterprise agreement.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion, and did not have an adverse effect on employees. The court also needed to consider whether the agreement complied with the relevant provisions of the Act, including those relating to minimum entitlements and the avoidance of unnecessary complexity.

The court examined the content of the proposed enterprise agreement, considering its compliance with the legislative requirements. It assessed the fairness of the terms, the processes followed in negotiating the agreement, and whether there was any evidence of coercion. After thorough deliberation, the court determined that the agreement met the necessary criteria for approval. The court found that the agreement provided for fair and reasonable terms of employment, was free from any coercive influence, and did not have any adverse effects on employees. The agreement was deemed to comply with the relevant provisions of the Fair Work Act 2009.

Accordingly, the court approved the Montague Cold Storage & National Union of Workers Enterprise Agreement 2018 under section 231 of the Fair Work Act 2009. The agreement was registered, and the terms and conditions it set out became binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established