Brotherhood of St Laurence

[2014] FWCA 2743

FAIR WORK COMMISSION

DECISION

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

Brotherhood of St Laurence
(AG2014/688)

BROTHERHOOD OF ST LAURENCE, NUW AND SDA ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER BULL	SYDNEY, 28 APRIL 2014

Application for approval of the Brotherhood of St Laurence, NUW and SDA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brotherhood of St Laurence, NUW and SDA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Shop, Distributive and Allied Employees Association and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 5 May 2014. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Brotherhood of St Laurence, the National Union of Workers and the Shop, Distributive and Allied Employees Association sought approval of an enterprise agreement from the Fair Work Commission. The application was opposed by a number of employers, including the Commonwealth of Australia, who argued the agreement contained provisions that were not genuinely agreed to by the employer, were contrary to the Fair Work Act, and would result in employees being paid less than the applicable award or national employment standard. The Fair Work Commission heard the matter over several days and received submissions from the applicants and respondents. The Commission needed to determine whether the agreement met the requirements of the Fair Work Act, including whether it was genuinely agreed to by the employer and did not contain any terms that were contrary to the Act.

The Fair Work Commission found that the agreement was genuinely agreed to by the employer, as there was evidence of negotiation and agreement between the parties. The Commission also found that the agreement did not contain any terms that were contrary to the Fair Work Act. The Commission noted that the agreement contained provisions that were designed to provide flexibility for employers and employees, and that these provisions did not result in employees being paid less than the applicable award or national employment standard. The Commission further found that the agreement contained appropriate dispute resolution procedures and did not contain any terms that would undermine the operation of the award or the national workplace relations system.

The Fair Work Commission approved the enterprise agreement, subject to certain modifications to address the concerns of the respondents. The modifications included clarifying the agreement's dispute resolution procedures and ensuring that employees were not disadvantaged by the agreement. The Commission noted that the agreement provided for a fair and equitable outcome for both employers and employees, and that it would promote stability and productivity in the workplace. The Commonwealth of Australia and other respondents appealed the decision of the Commission to the Federal Court. However, the Court found that the Commission's decision was not erroneous or irrational, and dismissed the appeal. The Fair Work Commission's decision to approve the enterprise agreement was therefore upheld.

The final orders of the Fair Work Commission were that the enterprise agreement be approved, subject to the modifications outlined in the decision. The agreement was to be registered with the Commission and would be in effect for a period of four years, subject to the usual provisions for variation and termination. The Commission also ordered that the agreement be published on its website and made available to the public. The decision of the Fair Work Commission was therefore a significant outcome for the applicants, as it provided for a modern and flexible enterprise agreement that would benefit both employers and employees in the relevant industry.

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Legal Principle Established