DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd T/A Swire Cold Storage
(AG2017/4451)

SWIRE COLD STORAGE PTY LTD AND NATIONAL UNION OF WORKERS SA ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 NOVEMBER 2017

Application for approval of the Swire Cold Storage Pty Ltd and National Union of Workers SA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd and National Union of Workers SA 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 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, 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 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 is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 13 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swire Cold Storage Pty Ltd, trading as Swire Cold Storage, applied for approval of the Swire Cold Storage Pty Ltd and National Union of Workers SA Enterprise Agreement 2017 before the Fair Work Commission. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved were Swire Cold Storage Pty Ltd, the employer, and the National Union of Workers SA, the employees' representative.

The legal issues before the commission included whether the agreement provided for a fair and efficient bargaining process, whether it contained provisions that were contrary to public policy, and whether it met the procedural requirements for approval. Additionally, the commission had to consider whether the agreement provided for the proper operation of businesses and whether it included provisions that were consistent with the Fair Work Act’s objectives.

The commission examined the evidence and submissions from both parties and found that the agreement was consistent with the objectives of the Fair Work Act. It noted that the agreement provided for a fair and efficient bargaining process and did not contain any provisions that were contrary to public policy. The commission also determined that the agreement met the procedural requirements for approval and provided for the proper operation of businesses. Consequently, the commission approved the enterprise agreement, finding it to be in the best interests of the employees and employers involved.

The commission ordered that the Swire Cold Storage Pty Ltd and National Union of Workers SA Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement would now be legally binding on both parties, and any disputes arising from it would be subject to the provisions outlined in the agreement and the Fair Work Act.

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