DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/6041)

COLBAR QSR PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016

Pharmaceutical industry
COMMISSIONER GREGORY	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Colbar QSR Pty Ltd and National Union of Workers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Colbar QSR Pty Ltd and National Union of Workers Collective 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 the National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2016. The nominal expiry date of the Agreement is 8 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, the case of the National Union of Workers involved an application for the approval of the Collective Agreement between Colbar QSR Pty Ltd and the National Union of Workers, dated 2016. The application was brought before the court to determine the validity and enforceability of the agreement, which was contested by the union. The central issue before the court was whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement had been made genuinely and in good faith, whether it complied with the statutory requirements for collective bargaining, and if it provided fair and reasonable terms for the employees involved.

The court meticulously examined the procedural integrity of the agreement formation, considering the engagement between the parties and the representation of the employees. It evaluated the fairness of the terms stipulated within the agreement, ensuring they did not disadvantage the employees. Additionally, the court assessed whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it adhered to the principles of good faith bargaining as mandated by the legislation. In reaching its decision, the court balanced the rights of the employer and the union against the interests of the employees, ensuring the agreement was fair and reasonable.

After thorough analysis, the court concluded that the agreement was valid and could be approved. It found that the agreement had been made in good faith, complied with all statutory requirements, and provided fair and reasonable terms for the employees. The court's decision was based on the comprehensive evidence presented and the adherence of the agreement to the legal standards set out in the Fair Work Act. Consequently, the court granted the application for the approval of the Collective Agreement, allowing it to be enforced.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established