National Hide Processors Pty Ltd

[2013] FWCA 6045

FAIR WORK COMMISSION

DECISION

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

National Hide Processors Pty Ltd
(AG2013/8045)

NATIONAL HIDE PROCESSORS PTY LTD, HEMMANT, QUEENSLAND & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 22 AUGUST 2013

Application for approval of the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Hide Processors Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 16 August 2013. On 20 August 2013 I received a signed undertaking in response to the queries from Mr Mark McLean, General Manager - Operations at National Hide Processors. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] The NUW 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

National Hide Processors Pty Ltd, a company based in Hemmant, Queensland, sought approval of its 2013 enterprise agreement with the National Union of Workers. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory criteria under the Fair Work Act 2009. The dispute centred on several provisions within the agreement, particularly those relating to employee entitlements and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to assess if the agreement appropriately covered the required matters, was free from prohibited content, and was certified without any invalid provisions. The scrutiny extended to examining whether the agreement adequately provided for employee entitlements, including minimum wages, hours of work, and leave provisions, as well as ensuring that the dispute resolution processes were fair and effective.

The Commission conducted a detailed analysis of the agreement, considering the specific provisions and their compliance with the statutory framework. It found that the agreement met the necessary criteria, as it covered all the required matters and did not include any prohibited content. Furthermore, the Commission concluded that the employee entitlements were adequately addressed and that the dispute resolution mechanisms were fair. Based on this analysis, the Commission approved the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement, 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established