DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swire Cold Storage Pty Ltd T/A Swire Cold Storage
(AG2017/1605)

SWIRE COLD STORAGE PTY LTD BRISBANE - CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2017

Application for approval of the Swire Cold Storage Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Swire Cold Storage Pty Ltd Brisbane - Clerical Employees 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Swire Cold Storage Pty Ltd trading as Swire Cold Storage, applied to the Fair Work Commission for approval of the Swire Cold Storage Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute before the Commission centred around the proper interpretation and application of the Act, specifically focusing on the procedural and substantive requirements for the approval of an enterprise agreement.

The key legal issue was whether the application met the necessary criteria for approval as stipulated by the Fair Work Act 2009. This involved assessing whether the agreement was fairly negotiated, included the appropriate provisions, and was within the scope of the Fair Work Act. The Commission had to determine if there was compliance with the procedural requirements, such as proper notification and opportunity for objections, as well as ensuring that the substantive content of the agreement adhered to the Act's standards.

The Fair Work Commission found that the application was procedurally sound, with proper notification and opportunity for objections provided. The substantive content of the agreement was also deemed to be compliant with the Fair Work Act 2009, meeting all necessary requirements for approval. The Commission was satisfied that the agreement was fairly negotiated and contained appropriate provisions, thereby meeting the criteria for approval under the Act.

The Fair Work Commission approved the Swire Cold Storage Pty Ltd Brisbane - Clerical Employees Enterprise Agreement 2017, recognising its compliance with both procedural and substantive requirements as outlined in the Fair Work Act 2009. This decision confirmed the agreement's validity and allowed it to take effect 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