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[7]
austlii:cth/FWCA/2025/4395
General information, not legal advice.
FWCA
2025-12-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
AMERICOLD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2025
Application for approval of the Americold Western Australia Enterprise Agreement 2025
[1] Americold Logistics Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Americold Western Australia Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):
(a) Clause 2.7.1 of the Agreement provides a casual Employee who has completed twelve (12) months' continuous service with the Employer and who has been regularly and systematically engaged may elect, in writing to the Employer, to convert to permanent employment. This is inconsistent with s 66AAB(c)(ii) of the Act, which provides that an employee can request conversion after 6 months.
(b) Clause 5.2.3.1 provides for compassionate leave, however it is silent in relation to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.
[4] However, I am satisfied under clause 1.3.5 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Shop, Distributive and Allied Employees' Association (SDA), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[6] The Agreement was approved on 19 December 2025 and, in accordance with s 54, will operate from 26 December 2025. The nominal expiry date of the Agreement is 31 October 2028.
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