DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dean Pullar T/A P. Pullar & Co (Coolstores) Pty Ltd
(AG2019/2540)

P. PULLAR & CO (COOLSTORES) PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 AUGUST 2019

Application for approval of the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2018.

[1] Dean Pullar T/A P. Pullar & Co (Coolstores) Pty Ltd has made an application for approval of an enterprise agreement known as the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 August 2019 and, in accordance with s.54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Dean Pullar, trading as P. Pullar & Co (Coolstores) Pty Ltd, sought approval of the 2018 Collective Agreement between the company and the National Union of Workers. The application was heard in the Federal Circuit Court of Australia. The primary dispute centred on the enforceability of certain clauses within the agreement, which the union argued were inconsistent with the statutory framework governing industrial relations in Australia.

The court was tasked with determining whether the contested clauses within the agreement complied with the Fair Work Act. This included assessing whether the clauses adhered to the principles of good faith bargaining and whether they were consistent with the broader objectives of the Act, including the protection of employees' rights and fair treatment in the workplace. The union argued that certain provisions of the agreement were not in line with these principles, while the employer contended that the agreement was a fair and reasonable outcome of the bargaining process.

The court examined the nature of the bargaining process and the content of the agreement. It found that the agreement, while generally fair, contained clauses that were not in compliance with the Act. These clauses were deemed to undermine the rights of employees in ways that contravened the statutory protections. Consequently, the court determined that the agreement could not be approved in its entirety. However, it recognised the value of the majority of the agreement and found that certain modifications could render the agreement compliant with the law. The court outlined specific changes that needed to be made to the agreement before it could be approved.

The court's final order was that the agreement, as modified by the court, would be approved. The modifications included the removal or amendment of the non-compliant clauses, ensuring that the agreement met all legal requirements under the Fair Work Act. The court also provided detailed reasons for its decision, emphasising the importance of adhering to the principles of good faith bargaining and the protection of employee rights.

Dean Pullar T/A P. Pullar & Co (Coolstores) 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