DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott's Refrigerated Freightways Pty Limited
(AG2018/351)

SCOTT'S REFRIGERATED FREIGHTWAYS PTY LTD QUEENSLAND WAREHOUSE & CROSS DOCK ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JUNE 2018

Application for approval of the Scott's Refrigerated Freightways Pty Ltd Queensland Warehouse & Cross Dock Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Scott’s Refrigerated Freightways Pty Ltd Queensland Warehouse & Cross Dock Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scott’s Refrigerated Freightways Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 9 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Scott's Refrigerated Freightways Pty Limited, sought the court's approval of the Scott's Refrigerated Freightways Pty Ltd Queensland Warehouse & Cross Dock Enterprise Agreement 2017. The applicant argued that the agreement met the necessary criteria for approval as it provided for fair and reasonable terms for the employees, including pay rates and conditions, and was negotiated in good faith. The applicant contended that the agreement was necessary for the continued operation of their business and would benefit both the employees and the company.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and reasonable terms of employment and whether it was negotiated in good faith. The court had to consider whether the agreement provided for minimum rates of pay and conditions, including penalty rates, overtime, and maximum weekly hours, and whether it contained provisions for dispute resolution. The court also had to determine whether the agreement was appropriately certified by the Fair Work Commission.

The court found that the agreement met the requirements of the Fair Work Act 2009 and was appropriately certified by the Fair Work Commission. The court considered that the agreement provided for fair and reasonable terms of employment, including minimum rates of pay and conditions, and that it was negotiated in good faith. The court also found that the agreement contained provisions for dispute resolution and that it was in the best interests of the employees and the company. The court approved the agreement, and it will now be legally binding on the parties.

The court's final orders were that the Scott's Refrigerated Freightways Pty Ltd Queensland Warehouse & Cross Dock Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement will now apply to the employees covered by it, and any disputes arising under the agreement will be subject to the dispute resolution provisions contained within it. The court's decision provides certainty for both the employees and the company and allows them to move forward with the implementation of the agreement.

Scott's Refrigerated Freightways Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established