DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4773)

OXFORD UNIVERSITY PRESS AND NATIONAL UNION OF WORKERS AGREEMENT ENTERPRISE AGREEMENT 2015-2018

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 SEPTEMBER 2015

Application for approval of the Oxford University Press and National Union of Workers Agreement Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Oxford University Press and National Union of Workers Agreement 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 September 2015 and, in accordance with s.54, will operate from 17 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were the National Union of Workers and Oxford University Press. The dispute centred on the application for the approval of the Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the employees' minimum entitlements, if it was free from any coercive conduct, and if it met the procedural requirements for approval.

The Commission found that the Enterprise Agreement met all statutory requirements for approval. The agreement was deemed to provide for the employees' minimum entitlements and there was no evidence of any coercive conduct. Additionally, the Commission determined that the proper procedural requirements for approval had been followed. Therefore, the Commission approved the Enterprise Agreement, finding it to be in compliance with the necessary legal standards.

The Fair Work Commission approved the Enterprise Agreement 2015-2018 between the National Union of Workers and Oxford University Press. The Commission's decision was based on the finding that the agreement met all statutory requirements for approval, including the provision for employees' minimum entitlements, the absence of coercive conduct, and adherence to procedural requirements.

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