DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Montague Cold Storage Pty Ltd T/A Montague Cold Storage
(AG2018/6410)

MONTAGUE COLD STORAGE (ALLANSFORD) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Montague Cold Storage (Allansford) & 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 (Allansford) & 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] 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 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Montague Cold Storage Pty Ltd, trading as Montague Cold Storage, made an application for the approval of the Montague Cold Storage (Allansford) & National Union of Workers Enterprise Agreement 2018. The applicant sought the approval of this agreement under section 232 of the Fair Work Act 2009. The Fair Work Commission was the body that heard and decided the matter.

The primary legal issue before the Commission was whether the Enterprise Agreement met the 'better off overall test' as stipulated in section 231 of the Fair Work Act. This test requires that the terms of the Enterprise Agreement must provide employees with at least the national minimum safety net of entitlements and ensure they are no worse off than if they were covered by an applicable award. The Commission also needed to consider if the agreement met the 'good faith' requirements under section 235 of the Act, ensuring the agreement was made in good faith and without coercion.

The Commission found that the Enterprise Agreement did indeed meet the better off overall test. It provided employees with protections and benefits that were at least equivalent to those provided by the relevant award, and in many cases, superior. The agreement also included provisions that went beyond the minimum safety net, such as additional leave entitlements and improved working conditions. The Commission was satisfied that the agreement was made in good faith, as evidenced by the extensive consultation process between the parties and the absence of any coercion. The Commission approved the Enterprise Agreement under section 232 of the Fair Work Act.

The Commission ordered that the Montague Cold Storage (Allansford) & National Union of Workers Enterprise Agreement 2018 be approved and registered. The agreement would come into effect on the date of registration and would apply to the employees covered by it. The decision was made in the interests of achieving a fair and equitable outcome for both the employer and the employees.

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