Beiersdorf Australia Limited T/A Beiersdorf Australia Limited Summary

[2014] FWCA 643

FAIR WORK COMMISSION

DECISION

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

Beiersdorf Australia Limited T/A Beiersdorf Australia Limited
(AG2014/3419)

BEIERSDORF AUSTRALIA LIMITED LOGISTICS DIVISION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 24 JANUARY 2014

Application for approval of the Beiersdorf Australia Limited Logistics Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Beiersdorf Australia Limited Logistics Division 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 Beiersdorf Australia Limited T/A Beiersdorf Australia Limited (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2014. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Beiersdorf Australia Limited T/A Beiersdorf Australia Limited applied for the approval of the Beiersdorf Australia Limited Logistics Division Enterprise Agreement 2014. The Fair Work Commission (FWC) was required to decide whether the agreement complied with the requirements of the Fair Work Act 2009 (FW Act). The Commission found that the agreement complied with all relevant provisions of the FW Act and was approved.

The legal issues before the Commission included whether the agreement met the requirements for the approval of an enterprise agreement, including whether it contained the minimum terms and conditions prescribed by the FW Act, and whether the agreement was made in good faith and without coercion. The Commission considered submissions from the applicant and the relevant union, as well as any other relevant material. The Commission found that the agreement met all the requirements for approval, including that it contained the minimum terms and conditions, and that it was made in good faith and without coercion.

The Commission noted that the agreement provided for a fair and reasonable outcome for both parties, and that it provided for a transparent and efficient process for resolving any disputes that may arise under the agreement. The Commission also noted that the agreement provided for a range of protections for employees, including protections relating to termination of employment, and that these protections were consistent with the protections provided under the FW Act. Based on these findings, the Commission approved the agreement.

Beiersdorf Australia Limited T/A Beiersdorf Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established