DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/1796)

GALE PACIFIC AND NATIONAL UNION OF WORKERS AND AUSTRALIAN MANUFACTURING WORKERS UNION COLLECTIVE AGREEMENT 2016

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COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union 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 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 1 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the GALE Pacific and National Union of Workers and Australian Manufacturing Workers Union Collective Agreement 2016. The applicant unions sought approval of the agreement under the Fair Work Act 2009, which requires that a registered organisation must be the genuine representative of employees for the agreement to be valid. The dispute centred on whether the unions were genuine representatives of the employees covered by the agreement.

The legal issues the court was required to decide included whether the unions genuinely represented the employees, whether the agreement met the statutory requirements for approval, and if there was any procedural irregularity in the application process. The unions argued that they had a significant presence and support among the employees, and that the agreement met all legal standards. The employer contested the unions' representation and questioned the validity of the agreement.

The court examined the evidence regarding the unions' representation and support among the employees. It assessed the application process and considered whether there were any procedural errors. After careful consideration, the court concluded that the unions were genuine representatives of the employees and that the agreement met all statutory requirements. The court found no procedural irregularities and approved the application. The decision was based on the unions' demonstrated support and the absence of any evidence to the contrary. The agreement was thus approved for operation under the Fair Work Act 2009.

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