National Union of Workers

[2016] FWCA 1782

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2016/541)

TYRECYCLE PTY LTD & NATIONAL UNION OF WORKERS

ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 22 MARCH 2016

Application for approval of the Tyrecycle Pty Ltd & National Union of Workers Enterprise

Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2015 - 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.
[2016] FWCA 1782

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 March 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1782

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the National Union of Workers and Tyrecycle Pty Ltd, who sought approval for their Enterprise Agreement 2015-2018. The application was lodged under section 185 of the Fair Work Act 2009. The agreement in question was a single enterprise agreement, and the union acted as the bargaining representative. The union notified the Commission of its desire for the agreement to cover it, as required by section 183 of the Act. The Commission had to determine whether the agreement met the approval criteria under sections 186, 187, 188, and 190 of the Act.

The central legal issue for the Commission was to assess whether the proposed enterprise agreement complied with the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to ensure that the agreement did not cause financial detriment to any employee and that it did not result in substantial changes to the agreement. The National Union of Workers provided written undertakings that satisfied these conditions. Additionally, the Commission had to confirm that the agreement would cover the union and that it was appropriately notified of this coverage under section 201(2) of the Act.

The Commission, after reviewing the provided undertakings and ensuring that the agreement met all necessary criteria, found that the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2015-2018 was in compliance with the Fair Work Act. Commissioner Gregory approved the agreement, subject to the undertakings provided by the union. The agreement was set to operate from 29 March 2016 and would expire on 31 October 2018. The Commission's decision was based on the evidence and written assurances that no financial detriment would be caused to employees and that no substantial changes would be made to the agreement.

The final order of the Commission was the approval of the Tyrecycle Pty Ltd & National Union of Workers Enterprise Agreement 2015-2018, which would come into effect on 29 March 2016, with a nominal expiry date of 31 October 2018. The union's written undertakings were considered satisfactory, ensuring compliance with the statutory requirements. The agreement would cover the union, as per the notification under section 201(2) of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established