DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/921)

AUSTCO POLAR COLD STORAGE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 MAY 2015

Application for approval of the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theNational Union of Workers. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Austco Polar Cold Storage. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Austco Polar Cold Storage and the National Union of Workers, with the Australian Industrial Relations Commission (AIRC) adjudicating over the application for approval of the Austco Polar Cold Storage and National Union of Workers Enterprise Agreement 2014. The nature of the dispute centred around the terms and conditions set out in the proposed enterprise agreement and whether they met the necessary requirements under the Fair Work Act 2009. The application for approval was lodged by Austco Polar Cold Storage, while the National Union of Workers contested certain aspects of the agreement.

The legal issues before the court were whether the enterprise agreement provided for the safety and welfare of employees, as mandated by section 235 of the Fair Work Act 2009, and whether it complied with the other relevant provisions of the Act. A significant part of the deliberation involved assessing the balance of rights and obligations between the employer and employees as per the agreement, as well as evaluating whether the agreement contained any unfair provisions. The court also had to consider if the agreement had been made in good faith and if it was free from any coercion or undue influence.

In its decision, the AIRC found that the Austco Polar Cold Storage and National Union of Workers Enterprise Agreement 2014 met the necessary requirements under the Fair Work Act 2009. The court determined that the agreement provided adequately for the safety and welfare of employees, and it was made in good faith without any undue influence or coercion. The AIRC concluded that the agreement was fair and balanced in terms of rights and obligations, and it did not contain any unfair provisions. Therefore, the application for approval was granted.

No further orders were required as the primary application for approval was successful. The Austco Polar Cold Storage and National Union of Workers Enterprise Agreement 2014 was approved by the Australian Industrial Relations Commission, and it came into effect as per the terms outlined in the agreement.

National Union of Workers

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established