DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/422)

OFFICEWORKS CUSTOMER FULFILMENT CENTRE NATIONAL UNION OF WORKERS AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2015 (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] 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.

[4] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Officeworks Customer Fulfilment Centre National Union of Workers to approve an enterprise agreement. The union sought to establish a new agreement to replace the existing Officeworks Customer Fulfilment Centre Enterprise Agreement 2014. The dispute arose between the union and the employer, Officeworks, regarding the terms and conditions of employment for the workers covered by the proposed agreement.

The central legal issue before the commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to determine whether the agreement provided for a safety net of minimum entitlements, allowed for flexibility in the workforce, and contained provisions that were not contrary to public policy. Additionally, the commission examined whether the agreement had been fairly negotiated and whether it met the 'better off overall test' for employees.

The commission held that the proposed agreement met all the necessary criteria for approval. The agreement provided for a safety net of minimum entitlements, allowed for flexibility in the workforce, and did not contain any provisions that were contrary to public policy. The commission was satisfied that the agreement had been fairly negotiated and met the 'better off overall test' for employees. The commission found that the proposed agreement was in the best interests of the employees and would provide them with improved terms and conditions of employment.

The commission approved the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2015, which replaced the existing agreement. The new agreement provided for improved terms and conditions of employment for the workers covered by the agreement. The commission's decision was based on the evidence presented and the legal criteria set out in the Fair Work Act 2009. The approval of the agreement marked an important step forward in the relationship between the union and the employer, providing a framework for future negotiations and ensuring that employees were treated fairly and equitably in the workplace.

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