DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/296)

VEYANCE BELTING & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 APRIL 2015

Application for approval of the Veyance Belting & National Union of Workers Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Veyance Belting & National Union of Workers Enterprise Agreement 2014-2017 (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] An undertaking has been given by the employer in relation to clauses 27 and 43.8 of the Agreement. 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 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 9 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for the approval of the Veyance Belting & National Union of Workers Enterprise Agreement 2014-2017. The applicant, Veyance Belting, was a manufacturer of industrial belts, and the respondent, the National Union of Workers, represented the employees at the applicant's facility. The nature of the dispute was the terms and conditions of employment as set out in the proposed enterprise agreement.

The legal issues before the court were whether the proposed agreement complied with the provisions of the Fair Work Act 2009, including the requirement that it provide for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement met the "better off overall test" and was in the best interest of the employees. The court examined the provisions of the proposed agreement, including wages, hours of work, leave entitlements, and other employment conditions.

In reaching its decision, the court found that the proposed enterprise agreement met the requirements of the Fair Work Act. The court determined that the agreement provided for fair and reasonable terms and conditions of employment and that it met the better off overall test. The court also found that the agreement was in the best interest of the employees, as it provided for improved wages and conditions of employment. The court approved the enterprise agreement, and it came into effect on the date of the decision.

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