DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Collective Pty Ltd
(AG2019/1343)

BRAND COLLECTIVE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT (ALTONA NORTH) 2019

Retail industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2019

Application for approval of the Brand Collective Pty Ltd and National Union of Workers Enterprise Agreement (Altona North) 2019.

[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) 2019 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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 (NUW) 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Brand Collective Pty Ltd, an employer, and the National Union of Workers, a union representing the employees. The dispute was about the approval of an enterprise agreement under the Fair Work Act 2009. The Federal Court was the forum for resolving this issue. The crux of the matter was whether the enterprise agreement met the necessary requirements for approval, specifically if it complied with the provisions of the Fair Work Act.

The court was tasked with determining whether the agreement was properly made, and if it contained the essential minimum terms as prescribed by the Act. Additionally, it needed to assess if the agreement was procedurally sound, meaning that it was made in good faith and that the necessary bargaining processes were followed. The court had to consider if the union's representation of its members was genuine and whether there was any coercion or improper conduct during the agreement's formation.

The court found that the agreement was indeed properly made and contained the required minimum terms. It also concluded that the agreement was procedurally sound, with no evidence of bad faith or improper conduct. The court was satisfied that the union had genuinely represented its members and that the bargaining processes were adhered to. Consequently, the court approved the enterprise agreement, ensuring it would be binding on the parties involved. This decision confirmed the agreement's validity and its enforceability under the Act.

Brand Collective 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