DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4264)

ADVANCE CABLES PTY LTD - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Advance Cables Pty Ltd – National Union of Workers Enterprise Agreement 2014-2016 (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] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016. The applicant, the National Union of Workers, sought approval for the enterprise agreement, while the respondent, Advance Cables Pty Ltd, opposed the application. The dispute centred on the fairness and compliance of the proposed agreement with the provisions of the Fair Work Act 2009.

The key legal issues addressed by the court were whether the enterprise agreement complied with the statutory requirements for employee representation, the procedural fairness in the bargaining process, and whether the agreement met the 'better off overall test' as stipulated by the Act. The Commission had to determine if the agreement provided for procedural fairness to employees, if it was made in good faith, and if it ensured that employees were not worse off financially.

In considering these issues, the Commission reviewed the evidence presented regarding the bargaining process and the terms of the proposed agreement. The court examined whether the agreement allowed for genuine employee representation and if it was made without coercion or undue influence. It also assessed if the agreement provided for a fair and reasonable outcome for employees, ensuring they were not disadvantaged financially. Ultimately, the Commission found that the agreement met the necessary statutory requirements and was fair and reasonable, thereby granting approval.

The Fair Work Commission approved the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016. The Commission's decision was based on the conclusion that the agreement was made in good faith, provided for procedural fairness, and satisfied the 'better off overall test'. The Commission's approval signified that the agreement was compliant with the statutory requirements and was fair and reasonable for the employees.

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