Swire Cold Storage Pty Ltd

[2014] FWCA 6666

FAIR WORK COMMISSION

DECISION

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

Swire Cold Storage Pty Ltd
(AG2014/7520)

SWIRE COLD STORAGE PTY LTD AND NATIONAL UNION OF WORKERS LAVERTON ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 22 SEPTEMBER 2014

Application for approval of the Swire Cold Storage Pty Ltd and National Union of Workers Laverton 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 Laverton 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 29 September 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swire Cold Storage Pty Ltd, the respondent, applied for the approval of the Swire Cold Storage Pty Ltd and National Union of Workers Laverton Enterprise Agreement 2014. The applicant, the National Union of Workers, argued that the agreement should be approved as it met the criteria under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issue was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. This section mandates that agreements must not adversely affect the existing terms of employment, must not discriminate against employees, and must not provide for a lower standard of pay or conditions than the applicable modern award. The Commission needed to determine if the agreement complied with these provisions.

The Commission found that the enterprise agreement did not adversely affect the existing terms of employment, did not discriminate against employees, and did not provide for a lower standard of pay or conditions than the applicable modern award. The agreement was deemed to have been made in good faith and without any coercion or duress. Therefore, the Commission approved the application for the agreement's approval.

The Fair Work Commission approved the Swire Cold Storage Pty Ltd and National Union of Workers Laverton Enterprise Agreement 2014. The approval took effect from the date of the decision. The agreement was considered to be a genuine enterprise agreement that complied with the statutory requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established