DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Acco Australia Pty Ltd
(AG2015/2117)

ACCO AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2015

Application for approval of the ACCO Australia Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ACCO Australia Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acco Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 18 March 2015. On 24 March 2015 I received a signed undertaking in response to the queries from Mark Bell, Supply Chain Director. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act 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 7 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Acco Australia Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The application was made under section 231 of the Fair Work Act 2009, with the applicant's case being that the agreement provided for fair and reasonable terms and conditions of employment for its employees. The matter was heard by the FWC, and the dispute centred on whether the proposed agreement met the legal requirements set forth in the Act.

The primary legal issue before the FWC was whether the proposed enterprise agreement contained terms that were fair and reasonable, as required by section 232 of the Act. This involved examining the specific terms of the agreement and ensuring that they complied with the statutory provisions. The FWC had to determine if the agreement provided for the fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other relevant provisions. Additionally, the FWC considered whether the agreement was negotiated in good faith and whether it provided for appropriate mechanisms for resolving disputes between the parties.

The FWC found that the proposed agreement was fair and reasonable. It noted that the agreement contained provisions that aligned with the minimum standards prescribed by the Act and provided for appropriate mechanisms for resolving disputes. The FWC was satisfied that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The FWC approved the agreement, finding that it met the requirements of the Act.

The FWC's approval of the enterprise agreement is a significant outcome for both the employer and the employees. The agreement provides for the terms and conditions of employment for the employees covered by the agreement, and the approval ensures that the agreement is legally binding and enforceable. The approval also provides certainty for the employer, as it confirms that the agreement is fair and reasonable and complies with the requirements of the Act.

Acco Australia 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