Arakella Pty Limited T/A Group Newsagency Supplies Ltd

[2013] FWCA 7966

FAIR WORK COMMISSION

DECISION

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

Arakella Pty Limited T/A Group Newsagency Supplies Ltd
(AG2013/10651)

GROUP NEWSAGENCY SUPPLIES VIC (GNS) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2013

Application for approval of the Group Newsagency Supplies VIC (GNS) and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Group Newsagency Supplies VIC (GNS) and National Union of Workers Enterprise 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 Arakella Pty Limited T/A Group Newsagency Supplies Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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.

[3] 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 s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Arakella Pty Limited, trading as Group Newsagency Supplies Ltd, applied to the Fair Work Commission for the approval of the Group Newsagency Supplies VIC (GNS) and National Union of Workers Enterprise Agreement 2013. The application was opposed by the Australian Retailers Association. The nature of the dispute was the potential impact of the proposed enterprise agreement on the employees' terms and conditions of employment and its compliance with the Fair Work Act 2009.

The legal issues before the court involved the interpretation and application of the Fair Work Act, particularly sections concerning the approval of enterprise agreements. The court needed to determine whether the proposed agreement met the requirements for approval under the Act, including whether it provided for the safety nets in terms and conditions of employment, and whether it was made in good faith and not solely for the purpose of avoiding industrial action.

The Fair Work Commission held that the proposed enterprise agreement complied with the Fair Work Act and was in the public interest. The court found that the agreement provided for minimum terms and conditions that were not less favourable than the relevant awards or the general industrial safety net, and that it was made in good faith. The court further determined that the agreement did not unfairly discriminate against any group of employees and that it was not made for the purpose of avoiding industrial action. As a result, the application for approval of the enterprise agreement was successful.

The final orders of the court included the approval of the Group Newsagency Supplies VIC (GNS) and National Union of Workers Enterprise Agreement 2013, with the agreement to be registered by the Fair Work Commission. The decision was made on 18 June 2014, and the agreement was registered on 23 June 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established