DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NewCold Melbourne 2 Pty Ltd
(AG2020/182)

NEWCOLD MELBOURNE NO 2 PTY LTD & UNITED WORKERS UNION - ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 MARCH 2020

Application for approval of the NewCold Melbourne No 2 Pty Ltd & United Workers Union - Enterprise Agreement 2020.

[1] NewCold Melbourne 2 Pty Ltd has applied for approval of a single enterprise agreement known as the NewCold Melbourne No 2 Pty Ltd & United Workers Union - Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the specified nominal expiry date of the Agreement being a date beyond that proscribed at s.186(5) of the Act.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representatives did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 3 March 2020 and, notwithstanding clause 3 and in accordance with s.54, will operate from 10 March 2020. The nominal expiry date of the Agreement is 3 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NewCold Melbourne 2 Pty Ltd, the respondent, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant, United Workers Union, sought to have the agreement approved. The dispute was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement was a lawful and valid enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was a lawful and valid enterprise agreement. It satisfied all the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act. The agreement provided for a fair and reasonable terms and conditions of employment for the employees covered by the agreement. The agreement also provided for a process for the resolution of any disputes that may arise between the parties. The Commission was satisfied that the agreement was in the best interests of the employees and the employer. The Commission approved the agreement and made orders accordingly. The orders included that the agreement be registered and that it be binding on the parties from the date of registration.

NewCold Melbourne 2 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established