DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/597)

AUSTCO POLAR COLD STORAGE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2019

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

[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 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of the National Union of Workers, the applicant sought the Fair Work Commission's (FWC) approval of the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2018. The agreement was submitted by the union to cover the employees of Austco Polar, a business involved in cold storage services. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including aspects such as wages, working hours, and other employment conditions.

The key legal issues before the FWC involved determining whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for being a "better off overall test" (BOOT) agreement, ensuring it provided employees with a safety net of minimum entitlements, and examining whether the agreement had been genuinely negotiated and was in the best interests of the employees.

The FWC undertook a detailed examination of the agreement, taking into account the evidence presented by both parties and the applicable legal standards. The Commission concluded that the agreement did indeed meet the necessary criteria for approval. It was found to provide a safety net of minimum entitlements and to have been genuinely negotiated, with the best interests of the employees in mind. The FWC also found that the agreement was a BOOT agreement, meaning it was likely to be better for the employees than the applicable awards or registered agreements.

As a result of the FWC's determination, the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2018 was approved. This decision will now govern the employment conditions of the employees covered by the agreement, providing them with the terms and conditions outlined in the approved agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established