Swire Cold Storage Pty Ltd

[2013] FWCA 3064

FAIR WORK COMMISSION

DECISION

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

Swire Cold Storage Pty Ltd
(AG2013/6194)

SWIRE COLD STORAGE QUEENSLAND TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 15 MAY 2013

Application for approval of the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012 (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 agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 14 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Swire Cold Storage Pty Ltd for the approval of the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012. The application was heard in the Fair Work Commission, where the legal representative for Swire sought the Commission's approval of the enterprise agreement. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the public interest, as required by section 231 of the Fair Work Act. The applicant argued that the agreement did not contain such provisions, while the objectors contended that certain provisions were unfair and not in the public interest. The Commission was required to determine whether the agreement complied with the statutory requirements for approval.

In delivering its decision, the Commission found that the enterprise agreement did not contain any provisions that were contrary to the public interest. The Commission considered the arguments of the objectors and found that while there were some concerns about the fairness of certain provisions, they did not rise to the level of being contrary to the public interest. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act. The application was therefore approved.

The Commission made orders approving the Swire Cold Storage Queensland Transport Operations Enterprise Agreement 2012, subject to certain conditions. These conditions included the requirement that the applicant provide a copy of the approved agreement to the Fair Work Ombudsman and to any employees affected by the agreement. The Commission also made orders for the publication of the approved agreement on its website.

CaseChat Overview and Summary

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Legal Principle Established