DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2015/1461)

SWIRE COLD STORAGE TRANSPORT NSW EMPLOYEE ENTERPRISE AGREEMENT 2015-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JULY 2015

Application for approval of the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Swire Cold Storage Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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, will operate from 9 July 2015. The nominal expiry date is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Swire Cold Storage Pty Ltd, an employer, and various employees, who brought an application for the approval of the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017 before the Fair Work Commission. The dispute centres on the validity and fairness of the proposed enterprise agreement, which governs the terms and conditions of employment for certain employees. The commission was tasked with determining whether the agreement met the requisite standards under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement was genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it was procedurally fair. The commission also had to consider the implications of the Fair Work (Registered Organisations) Act 2009 in relation to the parties involved. The employees argued that the agreement failed to meet these requirements, while the employer contended that the agreement was fairly negotiated and met all statutory criteria.

The commission found that the agreement was genuinely negotiated and contained the required minimum terms and conditions. It was satisfied that the agreement was procedurally fair, noting the employer's efforts to involve employee representatives in the negotiation process. The commission also held that the agreement did not contravene any provisions of the Fair Work Act 2009 or the Fair Work (Registered Organisations) Act 2009. Consequently, the commission approved the enterprise agreement, confirming its compliance with the necessary legal standards.

The final orders of the commission included the approval of the Swire Cold Storage Transport NSW Employee Enterprise Agreement 2015-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer was directed to provide a copy to all relevant employees. The employees and employer were also instructed to comply with the terms and conditions outlined in the approved agreement.

Swire Cold Storage 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