Globe International Limited

[2022] FWCA 4005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Globe International Limited

(AG2022/4589)

Globe International Limited and United Workers Union Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Globe International Limited and United Workers Union Enterprise Agreement 2022

Globe International Limited has applied for approval of an enterprise agreement known as the Globe International Limited and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

The United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Globe International Limited for the approval of the Globe International Limited and United Workers Union Enterprise Agreement 2022. The application was brought under section 235 of the Fair Work Act 2009, seeking the Commission's approval of the proposed enterprise agreement. The United Workers Union opposed the application, raising several objections concerning the provisions of the agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. The Union argued that certain provisions in the agreement, including those relating to employee entitlements and dispute resolution, did not meet the legal standards for enterprise agreements. Specifically, the Union contended that the proposed terms and conditions did not ensure fairness and reasonableness for employees and that certain provisions contravened specific sections of the Fair Work Act.

In assessing these issues, the Commission considered the statutory requirements and the principles of fairness and reasonableness as outlined in relevant case law and legislative provisions. The Commission found that while some of the Union's concerns were valid, the overall provisions of the agreement could be modified to address these issues without fundamentally altering the agreement's intent. The Commission determined that the proposed agreement, with certain amendments, complied with the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission approved the enterprise agreement, subject to the specified amendments to address the Union's objections. The Commission issued its orders under section 235(1) of the Fair Work Act, approving the Globe International Limited and United Workers Union Enterprise Agreement 2022 with the noted modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established