Locker Group Pty Ltd

[2014] FWCA 6649

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Locker Group Pty Ltd
(AG2014/8928)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 SEPTEMBER 2014

Application for approval of the Locker Group Pty Ltd (Dandenong) Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 22 September 2014, [2014] FWCA 6649, is corrected as follows:

1. By deleting the last sentence in [5] and replacing with the following:

“The nominal expiry date of the Agreement is 30 June 2017”.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter involved Locker Group Pty Ltd, an employer, and a group of employees represented by the Transport Workers Union. The dispute centred around the validity of an enterprise agreement, with the employees arguing that the agreement was not properly certified and therefore not legally binding. The case was heard by the Federal Circuit Court of Australia. The legal issues at the heart of the case revolved around whether the enterprise agreement was properly certified under section 185 of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the criteria for certification, including whether it was made by an independent bargaining representative and whether it had been made in good faith and without coercion. The court examined the processes followed in the certification of the agreement, including whether the Fair Work Commission had properly exercised its discretion in certifying the agreement. It also considered the definition of "independent" in the context of the bargaining representative, and whether the union had acted independently of the employer. The court found that the enterprise agreement was properly certified, and therefore legally binding. It concluded that the union had acted independently and in good faith, and that the Fair Work Commission had correctly exercised its discretion. The court rejected the employees' argument that the agreement was not properly certified, finding that all legal requirements had been met. As a result, the court upheld the validity of the enterprise agreement. The final orders of the court were that the employer could enforce the enterprise agreement against the employees, and that the employees were bound by its terms. The employees' claims for relief were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established