DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/807)

AUSTRALIAN BOTANICAL PRODUCTS AND NATIONAL UNION OF WORKERS AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 APRIL 2015

Application for approval of the Australian Botanical Products and National Union of Workers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Botanical Products and National Union of Workers Agreement 2014 (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] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

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

[5] 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 NUW.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 30 April 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, National Union of Workers, sought approval of an industrial instrument, the Australian Botanical Products and National Union of Workers Agreement 2014, from the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was genuinely negotiated, met the prescribed conditions for approval, and whether it was in the interests of the employees covered by the agreement.

The key legal issues before the court were whether the agreement was genuinely negotiated, whether it complied with the formal requirements for approval, and whether it would be in the interests of the employees if approved. The court examined the process by which the agreement was negotiated, the content of the agreement, and its potential impact on the employees. The court also considered submissions from the parties and relevant statutory provisions.

The Fair Work Commission found that the agreement was genuinely negotiated and met the formal requirements for approval. The court concluded that the negotiation process was robust and that the agreement satisfied all the statutory conditions. Furthermore, the court determined that the agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Accordingly, the court approved the agreement.

The Fair Work Commission approved the Australian Botanical Products and National Union of Workers Agreement 2014, finding it to be genuinely negotiated, meeting all formal requirements, and in the interests of the employees. The court ordered that the agreement be registered with the Fair Work Commission and that it would be binding on the parties from the date of registration.

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