DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cellnet Group Limited
(AG2015/4159)

CELLNET GROUP LIMITED (EAGLE FARM, QUEENSLAND) - WAREHOUSE EMPLOYEES - UNION COLLECTIVE AGREEMENT 2015-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cellnet Group Limited. 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 7 August 2015 and, in accordance with s.54, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cellnet Group Limited to approve a collective agreement for its warehouse employees in Eagle Farm, Queensland. The Warehouse Employees' Union sought to have the agreement ratified, which would cover the period 2015 to 2017. The application was brought under the Fair Work Act 2009, specifically section 233, which allows for the approval of enterprise agreements by the Fair Work Commission. The central legal issues before the Commission were whether the agreement met the requirements of the Act, including compliance with the "better off overall test" and the procedural fairness of the bargaining process.

The Fair Work Commission examined the contents of the proposed agreement and the process through which it was negotiated. The Commission assessed whether the agreement provided employees with outcomes that were at least as good as their previous entitlements, both in terms of pay and conditions, and whether the agreement was negotiated in good faith. The Commission also considered submissions from both parties regarding the fairness and reasonableness of the proposed terms. Ultimately, the Commission determined that the agreement satisfied the legislative requirements, as it provided employees with improved conditions and met the better off overall test.

In its decision, the Fair Work Commission approved the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2015-2017. The Commission found that the agreement was fairly negotiated and provided employees with a better overall outcome compared to their previous conditions. The Commission's approval of the agreement was based on its determination that the agreement met the necessary statutory requirements and that it was in the best interests of the employees. The final orders of the Commission included the formal approval of the collective agreement, which would now govern the employment conditions of the warehouse employees at the Eagle Farm site for the specified period.

Cellnet Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established