CLOSE THE LOOP AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

[2014] FWCA 8526 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Close The Loop Operations Pty Ltd
(AG2014/9869)

CLOSE THE LOOP AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the Close the Loop and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Close the Loop and National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Close The Loop Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 4 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The case involves an application for the approval of the Enterprise Agreement between Close the Loop and the National Union of Workers for the year 2014. The application was brought before the Fair Work Commission. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately certified as a single-enterprise agreement.

The key legal issues before the Commission were whether the agreement was genuinely bargained and whether it met the necessary criteria for approval, including the requirement that it did not undermine the basic protections of employees. The Commission also had to consider whether the agreement contained terms that were contrary to public policy.

In reaching its decision, the Commission examined the negotiation process and the terms of the agreement. It found that the agreement was the result of genuine bargaining and did not contain any terms that undermined basic employee protections. The Commission also confirmed that the agreement was appropriately certified as a single-enterprise agreement. Consequently, the Commission approved the agreement, finding that it complied with all statutory requirements.

The final orders of the Commission were that the Enterprise Agreement between Close the Loop and the National Union of Workers for 2014 be approved. This decision ensures that the terms of the agreement are legally binding on the parties and provides clarity for the employees and employers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established