Swire Cold Storage Pty Ltd

[2014] FWCA 7482

FAIR WORK COMMISSION

DECISION

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

Swire Cold Storage Pty Ltd
(AG2014/7814)

SWIRE COLD STORAGE PTY LTD AND NATIONAL UNION OF WORKERS - CLAYTON AND LYNDHURST ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Swire Cold Storage Pty Ltd and National Union of Workers - Clayton and Lyndhurst Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd and National Union of Workers - Clayton and Lyndhurst 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 Swire Cold Storage Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 28 October 2014. The nominal expiry date of the Agreement is 11 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Swire Cold Storage Pty Ltd and the National Union of Workers, Clayton and Lyndhurst Branch. The dispute centred around the approval of the Swire Cold Storage Pty Ltd and National Union of Workers - Clayton and Lyndhurst Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The Fair Work Commission was tasked with determining whether the Enterprise Agreement met the necessary criteria for approval, including whether it provided for the safety, health, and welfare of employees and whether it was made in good faith and without coercion. The application for approval was contested by a number of parties, including the applicant unions and Swire Cold Storage. The central issue was whether the Enterprise Agreement provided appropriate terms and conditions for the employees while also balancing the needs and interests of the employer.

In considering the application, the Fair Work Commission examined various aspects of the Enterprise Agreement, including its provisions for pay rates, working conditions, and dispute resolution mechanisms. The Commission also considered the process by which the agreement was negotiated and whether it complied with the relevant legislative requirements. The Fair Work Commission found that the Enterprise Agreement was made in good faith and without coercion, and that it provided for the safety, health, and welfare of the employees. The Commission concluded that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission's decision to approve the Enterprise Agreement was based on a comprehensive analysis of its contents and the negotiation process. The Commission found that the agreement provided for appropriate terms and conditions for the employees, while also taking into account the needs and interests of the employer. The Commission's decision was in line with the principles of fair work and the promotion of harmonious industrial relations. The final orders of the Fair Work Commission were that the Swire Cold Storage Pty Ltd and National Union of Workers - Clayton and Lyndhurst Enterprise Agreement 2014 be approved, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established