DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montague Cold Storage Pty Ltd T/A Montague Cold Storage
(AG2015/7722)

MONTAGUE COLD STORAGE (KEYSBOROUGH AND NARRE WARREN) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 18 JANUARY 2016

Application for approval of the Montague Cold Storage (Keysborough and Narre Warren) and 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 (Keysborough and Narre Warren) and 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 T/A Montague Cold Storage. 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 and, in accordance with s.54, will operate from 25 January 2016. The nominal expiry date of the Agreement is 12 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, trading as Montague Cold Storage, sought approval of the Montague Cold Storage (Keysborough and Narre Warren) and National Union of Workers Enterprise Agreement 2015 before the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms of the enterprise agreement, which sought to regulate the employment conditions of workers at Montague Cold Storage's Keysborough and Narre Warren sites. The National Union of Workers argued that the agreement contained necessary provisions for fair and equitable treatment of the workforce, while opposing parties raised concerns over the agreement's compliance with the law and its potential impact on business operations.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment. Specifically, the Commission had to consider whether the agreement complied with the provisions concerning minimum wages, penalty rates, leave entitlements, and other employment standards. The Commission also examined whether the agreement contained any provisions that could be considered harsh, unfair, or unreasonable under the Act.

In its decision, the Fair Work Commission found that the enterprise agreement largely complied with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement addressed key issues such as minimum wages, penalty rates, and leave entitlements in a manner consistent with the Act. However, the Commission made several amendments to certain provisions to address potential unfairness or unreasonableness. These amendments primarily involved adjustments to shift differentials and the calculation of overtime, ensuring that the agreement met the standards set out in the Act. The Commission ultimately approved the enterprise agreement with the amendments, finding that it provided for the fair and reasonable terms and conditions of employment for the workers involved.

The Fair Work Commission's final order was the approval of the Montague Cold Storage (Keysborough and Narre Warren) and National Union of Workers Enterprise Agreement 2015, as amended. This decision ensured that the agreement would govern the employment conditions of workers at the specified sites, subject to the terms and conditions outlined in the approved agreement.

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