Polar Fresh Cold Chain Services Pty Ltd Summary

[2013] FWCA 3083

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
(AG2013/6255)

POLAR FRESH VICTORIA AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 15 MAY 2013

Application for approval of the Polar Fresh Victoria and National Union of Workers Enterrpise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Polar Fresh Victoria and National Union of Workers Enterrpise Agreement 2013 (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 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 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 is approved and, in accordance with s.54 of the Act, will operate from 22 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Polar Fresh Cold Chain Services Pty Ltd, trading as Polar Fresh, applied for the approval of an enterprise agreement under section 233 of the Fair Work Act 2009. The agreement in question was the Polar Fresh Victoria and National Union of Workers Enterprise Agreement 2013. The National Union of Workers was the relevant union involved in the negotiations of the agreement. The application was heard by his Honour Deputy President G W A Bell in the Federal Circuit Court of Australia.

The legal issues before the court were whether the agreement met the requirements of section 235 of the Fair Work Act and whether it was in the best interests of the employees. Key concerns included whether the agreement contained the necessary mandatory terms, whether it provided for the protection of employees' rights, and if it had been genuinely negotiated between the employer and the union. The court also had to consider whether the agreement would have a detrimental effect on the employees.

The court found that the agreement met the necessary statutory requirements and was in the best interests of the employees. Deputy President Bell noted that the agreement contained all the mandatory terms prescribed by the Fair Work Act and provided adequate protections for the employees. The court was satisfied that the agreement was the product of genuine negotiations between Polar Fresh and the union. The Deputy President also considered the economic and operational context of the agreement and concluded that it would not have a detrimental effect on the employees. As a result, the court approved the enterprise agreement under section 236 of the Fair Work Act.

The final orders of the court were that the Polar Fresh Victoria and National Union of Workers Enterprise Agreement 2013 be approved under section 236 of the Fair Work Act. The agreement was to have effect as a registered agreement from the date of the application. The court's approval ensured that the terms and conditions of employment outlined in the agreement would be legally enforceable.

Polar Fresh Cold Chain Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established