Grays (NSW) Pty Limited T/A GraysOnline Summary

[2014] FWCA 7977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Grays (NSW) Pty Limited T/A GraysOnline
(AG2014/8002)

GRAYSONLINE - LIDCOMBE SITE AND NATIONAL UNION OF WORKERS - NSW BRANCH - ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2014

Application for approval of the GraysOnline - Lidcombe Site and National Union of Workers - NSW Branch - Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the GraysOnline - Lidcombe Site and National Union of Workers - NSW Branch - Enterprise Agreement 2014 (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 trading as GraysOnline (the Applicant).

[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] The National Union of Workers, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2014. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Grays (NSW) Pty Limited trading as GraysOnline and the National Union of Workers – NSW Branch, the Federal Circuit Court was tasked with determining the application for approval of the GraysOnline - Lidcombe Site and National Union of Workers - NSW Branch - Enterprise Agreement 2014. The applicant, GraysOnline, sought approval of the enterprise agreement from the Court to ensure its enforceability against the company's employees. The National Union of Workers - NSW Branch opposed the application, raising concerns regarding the fairness and compliance of the agreement with the relevant industrial legislation. The central legal issues before the Court involved whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically sections 232 and 233. The Court had to assess whether the agreement contained the required provisions and whether it was free from any procedural flaws that could invalidate its approval.

The Court considered the statutory framework provided by the Fair Work Act 2009 and the associated regulations, focusing on whether the agreement was made in good faith and whether it complied with the procedural requirements. In evaluating the agreement, the Court examined the provisions concerning wages, conditions, and the processes followed in reaching the agreement. The applicant demonstrated that the agreement included all mandatory terms and conditions and that the union had adequately represented the employees during negotiations. The Court found no evidence of procedural irregularities or bad faith on the part of the applicant. Consequently, the Court was satisfied that the agreement was fair and complied with the legislative requirements for approval.

Based on its findings, the Court approved the GraysOnline - Lidcombe Site and National Union of Workers - NSW Branch - Enterprise Agreement 2014. The Court determined that the agreement was valid and enforceable under the Fair Work Act 2009. The order granted the applicant's request for approval, thereby resolving the dispute and confirming the enforceability of the agreement. The Court's decision underscored the importance of ensuring that enterprise agreements meet the statutory standards for fairness and compliance, while also recognising the importance of collective bargaining in the industrial relations landscape.

Grays (NSW) Pty Limited T/A GraysOnline

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established