Polar Fresh Cold Chain Services Pty Ltd

[2014] FWCA 6661

[2014] FWCA 6661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Polar Fresh Cold Chain Services Pty Ltd
(AG2014/7135)

POLAR FRESH EASTERN CREEK ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 22 SEPTEMBER 2014

Application for approval of the Polar Fresh Eastern Creek Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Polar Fresh Eastern Creek Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Polar Fresh Cold Chain Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues. I received a signed undertaking in response to the queries from David Hammond, Distribution Centre Manager at Polar Fresh. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The National Union of Workers and The Australasian Meat Industry Employees Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2014. The nominal expiry date of the Agreement is 19 September 2018.

COMMISSIONER

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