Swire Cold Storage Pty Ltd

[2013] FWCA 8822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2013/9927)

SWIRE COLD STORAGE PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Swire Cold Storage Pty Ltd Western Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd Western Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 Shop, Distributive and Allied Employees Association 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 15 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Swire Cold Storage Pty Ltd, an Australian corporation, sought approval for the Western Australia Enterprise Agreement 2013. The applicant argued that the proposed agreement should be registered, as it complied with the necessary legislative requirements and was fairly negotiated. The Fair Work Commission, which was also a party to the application, concurred with the applicant's stance. The legal issues before the court revolved around the procedural correctness of the negotiation process and whether the agreement met the standards of fairness as prescribed by the Fair Work Act 2009.

The court examined the negotiation process to ensure it adhered to the legislative requirements. It was important to confirm that the agreement was the product of genuine bargaining between the parties and that it had been negotiated in good faith. Furthermore, the court needed to ascertain whether the agreement contained terms and conditions that were fair and reasonable, taking into account the circumstances of the workplace and the parties' respective positions. The court assessed whether the agreement provided an adequate balance between the interests of the employees and the employer, ensuring that it did not unduly favour one party over the other.

Upon reviewing the evidence presented, the court was satisfied that the negotiation process was conducted appropriately and in good faith. It found that the agreement contained terms and conditions that were fair and reasonable, considering the specific context of the workplace. The court was also convinced that the agreement struck a fair balance between the interests of the employees and the employer. Consequently, the court approved the application for the registration of the Western Australia Enterprise Agreement 2013. The agreement was now legally binding between the parties, and the court's decision effectively finalised the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established