DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Martin Brower Australia Pty Ltd
(AG2015/6792)

MARTIN BROWER AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS – SYDNEY WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Martin Brower Australia Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Martin Brower Australia Pty Ltd, along with the National Union of Workers, brought an application before the Fair Work Commission seeking approval of the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2015. The dispute centred around the fairness and adequacy of the terms and conditions outlined in the enterprise agreement, specifically in relation to various employment aspects such as wages, hours of work, and other employment-related matters.

The legal issues the court had to decide revolved around whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing if the agreement contained the minimum terms and conditions mandated by the Fair Work Act, whether it was free from any unfair content, and if it was made in good faith and with proper consideration of the employees' interests. Additionally, the court examined whether the agreement adequately provided for the proper negotiation process and if it was appropriately certified by the relevant authorities.

In its reasoning, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the enterprise agreement met all the statutory requirements set out in the Fair Work Act. It contained the minimum terms and conditions, was free from any unfair content, and was made in good faith with proper negotiation processes. The Commission was satisfied that the agreement was appropriately certified, and it approved the enterprise agreement as compliant with the necessary legal standards.

The final orders of the Commission were that the Martin Brower Australia Pty Ltd and National Union of Workers - Sydney Warehouse Enterprise Agreement 2015 be approved, and it came into effect from the date of the Commission's decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees covered by the agreement.

Martin Brower Australia 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