DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2015/6662)

SWIRE COLD STORAGE (BRISBANE) DISTRIBUTION OPERATIONS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 24 NOVEMBER 2015

Application for approval of the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2015 (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 National Union of Workers and The Australian Workers’ Union 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2015. The nominal expiry date of the Agreement is 24 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Swire Cold Storage Pty Ltd was the subject of an application for approval of the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2015. The applicant, Swire Cold Storage, sought the approval of the Fair Work Commission. The respondents were two unions, the Transport Workers' Union of Australia and the Shop, Distributive and Allied Employees' Association. The dispute centred on the terms and conditions of employment for employees of Swire Cold Storage involved in distribution operations in Brisbane.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable, in compliance with the Fair Work Act 2009. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. This included assessing whether the agreement met the requirements for being a simplified process enterprise agreement and ensuring it provided for minimum terms and conditions as stipulated by the Fair Work Act.

The Commission examined the evidence presented by both parties and considered the provisions of the proposed enterprise agreement. It assessed the agreement against the criteria for approval, including the need for it to provide for fair and reasonable terms and conditions, and whether it met the requirements for a simplified process enterprise agreement. After considering the submissions and the content of the agreement, the Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Swire Cold Storage (Brisbane) Distribution Operations Enterprise Agreement 2015, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment of the relevant employees. The decision provided certainty and stability for both the employer and the employees, ensuring that the agreement was in compliance with the legislative requirements for enterprise agreements.

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