DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/2831)

SIEMENS LTD (BAYSWATER - STORES AND WAREHOUSES) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the SIEMENS LTD (BAYSWATER - Stores and Warehouses) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SIEMENS LTD (BAYSWATER - Stores and Warehouses) 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 Union of Workers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[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 was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the National Union of Workers and Siemens Ltd, with a focus on the proposed Siemens Ltd (Bayswater - Stores and Warehouses) Enterprise Agreement 2016. The union sought approval for the agreement, which aimed to establish terms and conditions for employees working in the stores and warehouses of Siemens Ltd's Bayswater site. The dispute centred on whether the proposed agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions and whether it complied with the procedural prerequisites.

The primary legal issues before the Commission were whether the agreement contained appropriate provisions for employee entitlements, such as minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also needed to determine whether the agreement adhered to procedural fairness, including whether the union had genuinely bargained with the employer and whether employees had been adequately informed and consulted about the agreement's terms. Additionally, the Commission examined whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

In its decision, the Fair Work Commission held that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates, leave entitlements, and dispute resolution processes. It also concluded that the union had genuinely bargained with the employer and that employees had been adequately informed and consulted about the agreement's terms. The Commission was satisfied that the agreement complied with the procedural prerequisites and relevant provisions of the Fair Work Act. Consequently, the Commission approved the Siemens Ltd (Bayswater - Stores and Warehouses) Enterprise Agreement 2016.

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