DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/5286)

IWD PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016 - 2018

Wool storage, sampling and testing industry
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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.

[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 17 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by IWD Pty Ltd and the National Union of Workers for the approval of the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2018. The primary dispute centred around the terms of the proposed enterprise agreement, specifically those relating to employee entitlements, wages, and working conditions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues at the heart of this case included whether the agreement provided for minimum entitlements as required by the Act, and whether it adhered to the procedural requirements for approval. The Commission had to consider whether the agreement was genuinely negotiated, and if it contained any terms that were contrary to public policy or industrial detriment. Furthermore, the Commission assessed whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Commission found that the proposed agreement did meet the necessary criteria for approval. The Commission acknowledged the procedural fairness of the negotiation process and determined that the agreement did not contain any terms that were contrary to public policy or industrial detriment. The agreement was deemed to provide for the minimum entitlements as required by law and was found to appropriately balance the interests of both parties. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2016 - 2018, subject to the conditions and provisions set out in the agreement. The approved agreement will now govern the terms and conditions of employment between IWD Pty Ltd and the National Union of Workers for the specified period.

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