DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/4283)

NQR PTY LTD AND NATIONAL UNION OF WORKERS WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NQR Pty Ltd and National Union of Workers Warehouse 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] 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 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers (NUW) applied to the Fair Work Commission (FWC) for the approval of the NQR Pty Ltd and National Union of Workers Warehouse Enterprise Agreement 2015. NQR Pty Ltd, a company involved in the warehousing and distribution industry, and the NUW, a trade union representing the employees of NQR, had entered into an enterprise agreement. The dispute arose as NQR Pty Ltd sought to have the agreement approved by the FWC to ensure its enforceability and compliance with the Fair Work Act 2009.

The legal issues before the FWC involved determining whether the enterprise agreement complied with the statutory requirements under the Fair Work Act, including whether it met the provisions regarding minimum entitlements, procedural fairness, and the avoidance of undermining the safety net of entitlements provided by the Act. The FWC had to consider the terms of the agreement and assess whether it provided for fair and reasonable terms and conditions of employment, and whether it adequately protected the interests of the employees.

The FWC found that the enterprise agreement satisfied the legal criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, ensuring that employees were not worse off than they would have been under the applicable award or the general safety net of entitlements. The FWC considered the evidence and submissions provided by both parties and concluded that the agreement was fair and balanced, taking into account the specific circumstances of the workplace and the needs of the employees. Consequently, the FWC approved the enterprise agreement.

The FWC's approval of the enterprise agreement means that it is now legally binding between NQR Pty Ltd and the employees represented by the NUW. The agreement will govern the terms and conditions of employment for the relevant employees, providing a framework for their working arrangements and ensuring compliance with the Fair Work Act.

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