DECISION

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

Bauer Media Pty Ltd
(AG2014/10665)

NETWORK SERVICES DIVISION, BAUER MEDIA PTY LTD - VICTORIAN WAREHOUSE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2014

Application for approval of the Network Services Division, Bauer Media Pty Ltd - Victorian Warehouse Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Network Services Division, Bauer Media Pty Ltd - Victorian Warehouse 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 Bauer Media Pty 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 Section 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 23 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Bauer Media Pty Ltd applied to the Fair Work Commission for approval of the Network Services Division, Bauer Media Pty Ltd - Victorian Warehouse Enterprise Agreement 2014. The matter was brought before Commissioner H M for determination. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically in relation to the provisions regarding minimum entitlements and the requirements for enterprise agreements.

The Commission examined the terms of the proposed agreement to ensure it complied with the statutory framework governing enterprise agreements. This included verifying that the agreement provided for the preservation of minimum entitlements as stipulated under the Fair Work Act, and that it contained the necessary provisions for its operation and effect. The Commission also considered the process by which the agreement was negotiated and the extent to which it was genuinely agreed upon by the parties. After thorough deliberation, the Commission determined that the agreement complied with the requisite legal standards and was therefore fit for approval.

In light of the findings, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements and the genuine agreement of the parties involved. The approval ensures that the terms of the agreement will govern the employment conditions of the Network Services Division, Bauer Media Pty Ltd, within the Victorian Warehouse, subject to the provisions of the Fair Work Act.

Bauer Media 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