DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2017/3983)

SWIRE COLD STORAGE PTY LTD CONVENIENCE OPERATIONS LYNDHURST ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Swire Cold Storage Pty Ltd Convenience Operations Lyndhurst Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd Convenience Operations Lyndhurst Enterprise Agreement 2017. (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. 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 being a bargaining representative for the Agreement, 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 was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 11 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Swire Cold Storage Pty Ltd sought approval of the Swire Cold Storage Pty Ltd Convenience Operations Lyndhurst Enterprise Agreement 2017. The applicant argued the agreement contained terms that complied with the requirements of the Fair Work Act 2009. The dispute arose when the Australian Manufacturing Workers' Union opposed the application on the basis that certain terms of the agreement were not fair and did not meet the "better off overall test" as required by section 233 of the Act.

The central legal issue before the Commission was whether the terms of the agreement were fair and met the statutory requirements for approval. This involved assessing whether the terms provided for the "better off overall test" and did not undermine employees' rights. The Commission considered whether the proposed agreement provided for a fair balance between the rights and interests of employers and employees and if it complied with the legislative provisions.

The Commission determined that the agreement did not meet the statutory requirements for approval. The primary reason was that the terms concerning shift patterns and meal breaks did not satisfy the "better off overall test". The Commission found that these terms resulted in a detriment to the employees' work-life balance and did not provide for adequate rest periods. Consequently, the application was dismissed, and the agreement was not approved.

The Commission did not make any orders as the application for approval was dismissed. The decision underscored the importance of ensuring that enterprise agreements balance the interests of both employers and employees and meet the statutory requirements for approval.

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