DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grays NSW Pty Limited T/A Grays Online
(AG2016/1823)

GRAYS ONLINE AND NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Grays Online and National Union of Workers - New South Wales Branch Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grays Online and National Union of Workers - New South Wales Branch Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Grays NSW Pty Limited T/A Grays Online. 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, 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Grays NSW Pty Limited trading as Grays Online, the applicant sought approval for the Grays Online and National Union of Workers - New South Wales Branch Enterprise Agreement 2016. The dispute before the court centred on the procedural fairness and compliance of the enterprise agreement with the relevant legislative framework. The application was brought under the Fair Work Act 2009 (Cth), specifically to determine whether the enterprise agreement was appropriately registered. The Fair Work Commission had initially refused to approve the agreement, and the applicant appealed this decision to the Federal Circuit Court of Australia.

The primary legal issues that the court needed to address included whether the applicant had adhered to the procedural requirements set forth in the Fair Work Act 2009 (Cth) and whether the enterprise agreement met the criteria for approval. Furthermore, the court had to consider whether the applicant had demonstrated that the agreement was fairly and appropriately negotiated and whether it complied with the relevant legislative standards. The applicant argued that the enterprise agreement was negotiated in good faith and provided for the proper terms and conditions of employment.

In its decision, the court examined the procedural fairness of the negotiation process and the content of the agreement. The Federal Circuit Court of Australia held that the applicant had not sufficiently demonstrated that the agreement was negotiated in good faith. The court found several procedural deficiencies, including inadequate consultation and failure to provide relevant information to the employees. Additionally, the court noted that certain provisions of the agreement did not comply with the legislative standards. As a result, the court dismissed the application for approval of the enterprise agreement.

Grays NSW Pty Limited T/A Grays Online

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established