DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.D. Oates Pty Ltd T/A Oates
(AG2018/302)

E.D. OATES PTY LTD (BROADMEADOWS WAREHOUSE) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MAY 2018

Application for approval of the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.D. Oates Pty Ltd T/A Oates. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 May 2018 and, in accordance with s.54, will operate from 10 May 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved E.D. Oates Pty Ltd trading as Oates, and the National Union of Workers. The dispute centred on the application for approval of the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2017. The Fair Work Commission was the tribunal tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the commission were whether the agreement complied with the Fair Work Act 2009, specifically sections 230 and 231. The commission had to ensure that the agreement was appropriately negotiated, did not contain prohibited content, and was not detrimental to the employees. Additionally, it was necessary to determine if the agreement provided a safety net for minimum entitlements and whether it was consistent with the overarching public policy objectives of the Act.

In reaching its decision, the commission examined the process of negotiation, the content of the agreement, and its alignment with the statutory requirements. The commission found that the agreement was the product of genuine negotiations and did not contain any terms that were contrary to the Act. Furthermore, the agreement was deemed to provide adequate protections for employees' minimum entitlements. The commission also considered the broader public policy goals of promoting cooperative workplace relations and ensuring fair treatment of employees. Given these findings, the commission approved the agreement, finding it to be in accordance with the legislative framework.

The final orders of the commission were that the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2017 be approved, effective from the date of the decision. The approval meant that the agreement could be implemented, and the terms and conditions set out therein would govern the employment relationship between the parties.

E.D. Oates Pty Ltd T/A Oates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established