L'Oreal Australia Pty Ltd

[2014] FWCA 4864

FAIR WORK COMMISSION

DECISION

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

L'Oreal Australia Pty Ltd
(AG2014/6811)

L'OREAL AUSTRALIA PTY LTD (WAREHOUSE) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 18 JULY 2014

Application for approval of the L'Oreal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the L'Oreal Australia Pty Ltd (Warehouse) and National Union of Workers 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 L'Oreal Australia Pty Ltd (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] 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 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 25 July 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

L'Oreal Australia Pty Ltd applied to the Fair Work Commission for the approval of the L'Oreal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2014. The application arose because the union and the employer had reached an agreement on the terms of employment for warehouse workers, and they sought the commission's endorsement of these terms. The legal issues before the commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith, free from coercion, and contained terms that were not contrary to public policy.

The commission considered the application and examined the contents of the agreement. It assessed whether the agreement was appropriately negotiated and whether it contained terms that were fair and reasonable. The commission noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions. It was satisfied that the agreement was made in good faith and was not contrary to public policy. The commission also found that the agreement did not include any terms that were coercive or otherwise unfair to the employees.

The commission approved the enterprise agreement, finding that it met all the statutory requirements. It acknowledged that the agreement provided for fair and reasonable terms of employment for the warehouse workers and that it was appropriately negotiated between the union and the employer. The commission's decision was based on the evidence presented and the commission's understanding of the relevant law.

The final orders of the commission were that the L'Oreal Australia Pty Ltd (Warehouse) and National Union of Workers Enterprise Agreement 2014 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the commission's decision. The decision brought certainty to the employment relationship between the employer and the employees covered by the agreement and provided a framework for the management of their working conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established