DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Hide Processors Pty Ltd atf National Hide Processors Unit Trust
(AG2016/3183)

NATIONAL HIDE PROCESSORS PTY LTD, HEMMANT, QUEENSLAND AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of the National Hide Processors Pty Ltd, Hemmant, Queensland & National Union of Workers Enterprise Agreement 2016.

[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 2016 (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 atf National Hide Processors Unit Trust. 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, 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 31 July 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved National Hide Processors Pty Ltd, acting on behalf of the National Hide Processors Unit Trust, seeking approval of an enterprise agreement with the National Union of Workers. The dispute was heard in the Fair Work Commission, Australia's independent statutory body responsible for workplace relations. The applicants aimed to have the proposed agreement, which covered employees in Hemmant, Queensland, officially recognised and enforceable.

The primary legal issues revolved around whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "registered" status, including whether it was made in good faith, contained the minimum entitlements prescribed by the Act, and adhered to procedural fairness. The Union and the Company argued that the agreement was fair and appropriate, while potential intervenors contended that certain provisions did not meet the statutory standards.

In its decision, the Commission examined the specifics of the agreement, focusing on the provisions related to minimum wage rates, penalty rates, and other employment conditions. The Commission determined that the agreement, while generally fair, contained some clauses that did not comply with the Act's requirements. After considering submissions from both parties and intervenors, the Commission made amendments to certain provisions to ensure compliance. The amended agreement was ultimately approved and registered, allowing it to become legally binding for the parties involved.

The Fair Work Commission ordered that the National Hide Processors Pty Ltd atf National Hide Processors Unit Trust Enterprise Agreement 2016, as amended, be registered. This decision marked the agreement as a legally enforceable document, subject to the terms and conditions as outlined in the Fair Work Act 2009.

National Hide Processors Pty Ltd atf National Hide Processors Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established