Action Workforce NSW Pty Ltd

[2013] FWCA 8729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Workforce NSW Pty Ltd
(AG2013/9888)

ACTION WORKFORCE AND NATIONAL UNION OF WORKERS NEW SOUTH WALES COLLECTIVE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 6 NOVEMBER 2013

Application for approval of the Action Workforce and National Union of Workers New South Wales Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Action Workforce and National Union of Workers New South Wales Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action Workforce NSW Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of Section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2013. The nominal expiry date of the Agreement is 13 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

Action Workforce NSW Pty Ltd applied to the Fair Work Commission for approval of the Action Workforce and National Union of Workers New South Wales Collective Agreement 2013. The National Union of Workers opposed the application. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the bargaining power of the parties and the terms of the agreement.

The Fair Work Commission considered whether the agreement was genuinely negotiated and whether it contained appropriate protections for employees. The Commission also examined the bargaining power of the parties to ensure that the agreement was not a product of undue influence or coercion. The National Union of Workers argued that the agreement did not adequately protect employees, particularly in terms of wages and conditions.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and did not result from any undue influence or coercion. The Commission concluded that the agreement contained appropriate protections for employees and that it was in the best interests of the workforce. The Commission approved the agreement, emphasising the importance of fair and genuine collective bargaining processes.

The Fair Work Commission ordered that the Action Workforce and National Union of Workers New South Wales Collective Agreement 2013 be approved and registered with the Fair Work Commission. The Commission also directed that the agreement be implemented in accordance with its terms, ensuring that it was adhered to by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established