DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd
(AG2015/5252)

SWIRE COLD STORAGE PTY LTD AND AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION (AMIEU) HOMEBUSH & LURNEA ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Swire Cold Storage Pty Ltd and Australasian Meat Industry Employees’ Union (AMIEU) Homebush & Lurnea Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd and Australasian Meat Industry Employees’ Union (AMIEU) Homebush & Lurnea 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. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australasian Meat Industry Employees Union 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.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 24 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Swire Cold Storage Pty Ltd, an employer, and the Australasian Meat Industry Employees’ Union (AMIEU), representing employees, sought approval of a proposed enterprise agreement. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary legal criteria for approval. The core legal issues revolved around whether the agreement complied with the requirements set out in the Fair Work Act 2009, specifically focusing on the procedural fairness and the substantive fairness of the agreement. The Commission needed to assess if the agreement was genuinely negotiated, whether it contained the necessary terms, and if it met the ‘better off overall test’.

The Fair Work Commission meticulously examined the negotiation process and contents of the proposed agreement. It considered the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission concluded that the agreement was genuinely negotiated and contained all the mandated terms. The Commission found that the agreement met the ‘better off overall test’ as it provided employees with improved terms and conditions compared to the previous agreement. Consequently, the Fair Work Commission approved the Swire Cold Storage Pty Ltd and AMIEU Homebush & Lurnea Enterprise Agreement 2015.

The Fair Work Commission's decision was grounded in its thorough analysis of the negotiation process and the terms of the agreement. It was determined that the agreement was genuinely negotiated, with both parties participating in good faith. The Commission also found that the agreement contained all the necessary terms as required by the Fair Work Act 2009. Importantly, the agreement was assessed against the ‘better off overall test’ and found to provide employees with enhanced terms and conditions. Therefore, the application for approval of the enterprise agreement was successful.

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