DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6836)

HAKUBAKU AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 19 JANUARY 2016

Application for approval of the Hakubaku and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hakubaku and National Union of Workers Enterprise 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval of the Hakubaku and National Union of Workers Enterprise Agreement 2015. The applicant union argued the agreement met the requirements of the Fair Work Act 2009 for being a single, useful and registrable agreement. Hakubaku, the employer, opposed the application on the basis that the agreement did not meet the "single" and "useful" tests.

The Commission examined whether the agreement covered a single enterprise and if it was useful for regulating the terms and conditions of employment. The Commission found the agreement was indeed for a single enterprise, despite concerns about the inclusion of multiple entities. It also found the agreement was useful, as it contained provisions that regulated the employment terms and conditions of the bargaining parties. The Commission considered the practical benefits the agreement offered to employees, including pay rates, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission approved the application, finding the agreement was a single, useful and registrable enterprise agreement. The Commission emphasised the importance of such agreements in providing a fair and efficient means of regulating employment terms and conditions. The decision ensures that the agreement's provisions will apply to the relevant employees and employers, providing clarity and stability in their working relationship.

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