DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2016/5913)

SWIRE COLD STORAGE PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Swire Cold Storage Pty Ltd Western Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd Western Australia Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers and Shop, Distributive and Allied Employees Association being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 25 November 2016 and, in accordance with s.54, will operate from 2 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swire Cold Storage Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement. The applicant is a major employer in the cold storage industry in Western Australia and the agreement governs the terms and conditions of employment for its workers. The dispute arose from the application's submission and the subsequent objections raised by some of the employees' representatives.

The legal issues before the Commission were whether the agreement met the formal and substantive requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made in accordance with the procedural fairness principles and if it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider if the agreement met the specific requirements of the Act, such as the provision of minimum wages and entitlements.

The Commission found that the agreement had been made in accordance with the procedural fairness principles and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the specific requirements of the Act, including the provision of minimum wages and entitlements. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Swire Cold Storage Pty Ltd Western Australia Enterprise Agreement 2016. The Commission found that the agreement had been made in accordance with the procedural fairness principles and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the specific requirements of the Act, including the provision of minimum wages and entitlements. The Commission made orders approving the agreement and setting out the effective date and other relevant details.

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