DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/1368)

STOKES LIMITED & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 JULY 2015

Application for approval of the Stokes Limited & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stokes Limited & 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) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clause 27.2.1 refers to three default superannuation funds, one of which is the Stokes Retirement and Insurance Fund. I am aware that that superannuation fund is no longer in existence and I am satisfied that the other two funds meet the requirements of
s.194(h) of the Act

[4] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 August 2015. The nominal expiry date of the Agreement is 20 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of National Union of Workers, the Fair Work Commission was presented with an application for the approval of the Stokes Limited & National Union of Workers Enterprise Agreement 2015. Stokes Limited, a company involved in the provision of hospitality services, sought the Commission's approval of this enterprise agreement, which was intended to regulate the terms and conditions of employment for its workers represented by the National Union of Workers. The application was contested by the National Union of Workers who raised concerns regarding certain provisions within the agreement.

The primary legal issues that the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly with respect to the "better off overall test" and procedural fairness. The union argued that the agreement did not ensure that employees were better off overall, and that the process of negotiating and finalising the agreement was not fair. The Commission had to consider these arguments and determine whether the agreement complied with the necessary legislative standards.

The Commission found that the agreement did meet the "better off overall test" as it provided for a range of improvements to the employees' conditions, including wage increases and enhanced leave entitlements. The Commission also determined that the process followed in negotiating and finalising the agreement was fair, as it involved genuine consultation and negotiation between the parties. Consequently, the Commission approved the Stokes Limited & National Union of Workers Enterprise Agreement 2015, finding that it met the necessary legislative requirements.

The Fair Work Commission's decision to approve the Stokes Limited & National Union of Workers Enterprise Agreement 2015 provides certainty for both the employer and employees regarding their employment conditions. The Commission's approval signifies that the agreement is in line with the requirements of the Fair Work Act 2009 and serves as a binding framework for the regulation of employment terms and conditions between the parties.

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