DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Collective Pty Ltd T/A Brand Collective
(AG2016/3163)

BRAND COLLECTIVE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT (ALTONA NORTH) 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 25 MAY 2016

Application for approval of the Brand Collective Pty Ltd and National Union of Workers Enterprise Agreement (Altona North) 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brand Collective Pty Ltd and National Union of Workers Enterprise Agreement (Altona North) 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brand Collective Pty Ltd T/A Brand Collective. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 May 2016 and, in accordance with s.54, will operate from 1 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Brand Collective Pty Ltd, trading as Brand Collective, sought approval of its enterprise agreement with the National Union of Workers, pursuant to section 231 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The primary dispute was over whether the enterprise agreement met the necessary standards set by the Fair Work Act, specifically concerning the procedural fairness of the agreement's negotiation and whether it contained the required provisions for the protection of employees' rights and interests.

The Fair Work Commission had to determine if the agreement was made in accordance with the procedural fairness requirements outlined in section 230 of the Act. This involved examining whether the agreement was genuinely negotiated between the employer and the union, whether the union had properly represented its members, and if the agreement contained all the mandated provisions. Additionally, the Commission assessed whether the agreement provided adequate protections for employees' rights, such as minimum wages, penalties, and other conditions of employment.

After reviewing the evidence presented, the Fair Work Commission found that the agreement was made in accordance with the required procedural fairness standards. The Commission was satisfied that the negotiation process was genuine, the union had adequately represented its members, and the agreement included all necessary provisions. Furthermore, the Commission determined that the agreement provided sufficient protections for employees, including minimum wages and other conditions of employment. As a result, the Fair Work Commission approved the Brand Collective Pty Ltd and National Union of Workers Enterprise Agreement (Altona North) 2016.

The Fair Work Commission ordered that the enterprise agreement be approved and registered under section 231 of the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would govern the employment conditions of the employees covered by the agreement.

Brand Collective Pty Ltd T/A Brand Collective

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established