DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd T/A Swire Cold Storage
(AG2017/5864)

SWIRE COLD STORAGE PTY LTD LAVERTON ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER SAUNDERS	NEWCASTLE, 22 DECEMBER 2017

Application for approval of the Swire Cold Storage Pty Ltd Laverton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd Laverton 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 T/A Swire Cold Storage. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swire Cold Storage Pty Ltd T/A Swire Cold Storage applied to the Fair Work Commission for approval of the Swire Cold Storage Pty Ltd Laverton Enterprise Agreement 2017. The applicant, Swire Cold Storage, sought the approval of the enterprise agreement which was intended to cover its employees in the refrigerated warehouse and distribution industry. The dispute centred on whether the agreement complied with the necessary legal requirements for enterprise agreements, including whether it provided for a fair and reasonable process for the resolution of disputes.

The central legal issues the Fair Work Commission had to address were whether the agreement met the procedural and substantive requirements under the Fair Work Act 2009, and whether it provided for the fair and reasonable resolution of disputes. This included ensuring that the agreement complied with provisions regarding employee representation, dispute resolution mechanisms, and other relevant aspects of the Act. The Commission also had to consider whether the agreement was made in good faith and whether it was free from any illegality or unfairness.

The Fair Work Commission examined the provisions of the agreement and considered submissions from both Swire Cold Storage and other interested parties. The Commission determined that the agreement was made in good faith and was free from illegality. It also found that the agreement met the procedural and substantive requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a fair and reasonable process for the resolution of disputes, and it approved the Swire Cold Storage Pty Ltd Laverton Enterprise Agreement 2017.

The Fair Work Commission's decision was to approve the enterprise agreement, confirming its compliance with the Fair Work Act 2009. This decision provides clarity and legal certainty for the parties involved, ensuring that the agreement can be implemented and enforced as intended.

Swire Cold Storage Pty Ltd T/A Swire Cold Storage

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established