Scott’s Refrigerated Logistics Pty Ltd T/A Scott’s Refrigerated Logistics

[2021] FWCA 2939

[2021] FWCA 2939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scott’s Refrigerated Logistics Pty Ltd T/A Scott’s Refrigerated Logistics
(AG2021/4661)

RAND TRANSPORT (1986) PTY LTD WAREHOUSING OPERATIONS ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 MAY 2021

Application for approval of the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2020.

[1] Scott’s Refrigerated Logistics Pty Ltd T/A Scott’s Refrigerated Logistics (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Rand Transport (1986) Pty Ltd Warehousing Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] An inconsistency was identified in relation to the identity of the Employer covered by the Agreement. Clause 2 of the Agreement states that the Agreement covers Rand Transport (1986) Pty Ltd (ABN 72 730 876 913) as the Employer. On the Form F16 application and in the Form F17 Employer’s Statutory Declaration made by Ms Fiona King, Head of Human Resources of the Applicant, states the Employer covered by the Agreement is Scott’s Refrigerated Logistics Pty Ltd T/A Scott’s Refrigerated Logistics (ABN 72 730 876 913).

[3] The concern was raised with the Applicant and a response was provided stating that during the advanced stages of the negotiations for the Agreement there was a sale of the business, and following finalisation of the sale of the business the legal entity Rand Transport (1986) Pty Ltd was renamed Scott’s Refrigerated Logistics Pty Ltd. It was also stated that the employees covered by the Agreement were more familiar with the brand Rand Transport (1986) Pty Ltd and it was decided to retain the reference to that name in the Agreement.

[4] The Applicant offered an undertaking to correct the name of the employer in the Agreement. While I accept the explanation provided by the Applicant in relation to this matter, the Applicant was informed that an undertaking could not be used to amend the Agreement, and to rectify this issue it should make an application to vary the Agreement pursuant to s. 217 of the Act.

[5] Undertakings were provided by the Applicant in response to other concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[6] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[7] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 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 s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[8] The United Workers’ Union and the Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, 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 these organisations.

[9] The Agreement is approved in accordance with s.54 of the Act and will operate from 2 June 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A