National Union of Workers

Case [2015] FWCA 3548


[2015] FWCA 3548
FAIR WORK COMMISSION

DECISION



Fair Work Act 2009

s.185—Approval of enterprise agreement

National Union of Workers
(AG2015/1155)

PUMA AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2015

Storage services

SENIOR DEPUTY PRESIDENT ACTON

MELBOURNE, 21 MAY 2015

Application for approval of the Puma Australia Pty Ltd and National Union of Workers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Puma Australia Pty Ltd and National Union of Workers Collective 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 28 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

[4] 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.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
National Union of Workers [2015] FWCA 3548
Case
[2015] FWCA 3548
Decision Date

CaseChat Overview and Summary

The parties involved in the application were Puma Australia Pty Ltd and the National Union of Workers. The dispute centred around the approval of the Puma Australia Pty Ltd and National Union of Workers Collective Agreement 2015. The matter was heard by the Fair Work Commission.

The legal issues before the Commission involved determining whether the Collective Agreement was in the public interest and if it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to assess the fairness and reasonableness of the agreement, considering factors such as the rights and obligations of the parties, the impact on employees, and compliance with any relevant national employment standards.

The Fair Work Commission found that the Collective Agreement was in the public interest and complied with the Fair Work Act 2009. The Commission considered the agreement to be fair and reasonable, taking into account the rights and obligations of both parties and the impact on employees. The Commission noted that the agreement provided for appropriate protections for employees and did not disadvantage any party. As a result, the Commission approved the Collective Agreement.

The Fair Work Commission approved the Puma Australia Pty Ltd and National Union of Workers Collective Agreement 2015, and it came into effect on 1st March 2015. The agreement was deemed to be in the public interest and complied with the relevant provisions of the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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