DECISION

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

Empire Office Furniture
(AG2015/2553)

EMPIRE OFFICE FURNITURE DC ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 6 MAY 2015

Application for approval of the Empire Office Furniture DC Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Empire Office Furniture DC Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Empire Office Furniture (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] As the agreement does not contain a consultation term, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the matter were Empire Office Furniture and its employees, represented by the Retail and Fast Food Workers Union of Australia (Vic, NSW) Inc. The dispute arose from an application to the Fair Work Commission for the approval of the Empire Office Furniture DC Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, seeking to have the agreement registered as a direct crediting agreement. The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and if the process for approving the agreement was conducted fairly and in accordance with the law.

The court examined the agreement to ensure it contained all the prescribed minimum terms and conditions as outlined in the Fair Work Act 2009. The court also considered if the agreement was negotiated in good faith, and if the process for its approval was transparent and free from procedural errors. In its reasoning, the court found that the agreement did include all the necessary minimum terms and conditions and was negotiated in good faith. Furthermore, the court determined that the approval process was conducted fairly and in compliance with the legal requirements.

As a result of the court's findings, the application for approval of the Empire Office Furniture DC Enterprise Agreement 2015 was granted. The agreement was registered as a direct crediting agreement, and the parties were bound by its terms and conditions. The court's decision upheld the integrity of the enterprise bargaining process and ensured that the agreement would provide the intended benefits to both the employees and the employer.

Empire Office Furniture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established