DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWF Training 1 Pty Ltd
(AG2015/5248)

AWF TRAINING AND NATIONAL UNION OF WORKERS NEW SOUTH WALES COLLECTIVE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the AWF Training and National Union of Workers New South Wales Collective Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the AWF Training and National Union of Workers New South Wales Collective Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the AWF Training 1 Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 is 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] An undertaking has been given in relation to clauses 6, 12 and 15 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 5 November 2018.

COMMISSIONER

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Appendix A

CaseChat Overview and Summary

AWF Training 1 Pty Ltd applied for approval of a collective agreement between the company and the National Union of Workers New South Wales. The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The court had to determine if the agreement was made in good faith and if it complied with the procedural requirements. It also had to assess whether the agreement met the Fair Work Act's criteria for approval, such as not having an adverse effect on the bargaining process or the financial viability of the employer.

The Fair Work Commission found that the agreement was made in good faith and followed the necessary procedures. It was determined that the agreement did not have an adverse effect on the bargaining process and did not jeopardise the financial viability of the employer. The Commission concluded that the agreement met all the legal criteria for approval.

The Fair Work Commission approved the AWF Training and National Union of Workers New South Wales Collective Agreement 2015. The decision was based on the agreement being made in good faith, complying with the procedural requirements, and meeting the criteria under the Fair Work Act.

AWF Training 1 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