DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H20 Warehouse Pty Ltd
(AG2015/1989)

H20 WAREHOUSE ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the H20 Warehouse Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the H20 Warehouse Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by H20 Warehouse Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, H20 Warehouse Pty Ltd, sought approval of the H20 Warehouse Enterprise Bargaining Agreement 2014 under section 177 of the Fair Work Act 2009. The dispute arose due to objections from various unions and employees who contested the terms of the agreement, arguing that it did not meet the necessary standards for approval under the Fair Work Act. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it was a better-off-overall test agreement and whether it provided for a fair and efficient workplace. The court also had to consider the procedural fairness in the manner the agreement was negotiated and whether there was adequate consultation with the relevant employees.

In delivering the decision, the court found that the applicant had demonstrated that the agreement was a better-off-overall test agreement. The court was satisfied that the agreement provided for fair and efficient workplace terms, and it was also found that the negotiation process had been conducted with adequate consultation and in procedurally fair manner. Therefore, the court approved the H20 Warehouse Enterprise Bargaining Agreement 2014.

The court ordered that the H20 Warehouse Enterprise Bargaining Agreement 2014 be approved and registered under the Fair Work Act, effective from the date of the decision. The agreement was to be circulated to all relevant employees, and the applicant was directed to take all necessary steps to ensure compliance with the approved agreement.

H20 Warehouse Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established