DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/233)

MILLS ORMISTON RUBBER PTY LIMITED & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 MARCH 2015

Application for approval of the Mills Ormiston Rubber Pty Limited & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mills Ormiston Rubber Pty Limited & National Union of Workers Enterprise 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] 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] 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.

[4] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 March 2015. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mills Ormiston Rubber Pty Limited, sought approval of the Enterprise Agreement 2014 (EA) with the National Union of Workers (NUW). The EA was intended to regulate the terms and conditions of employment of the employees. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute centred on whether the EA met the requirements for approval, particularly regarding the procedural fairness and whether it provided for the proper operation of the enterprise.

The court was tasked with determining whether the EA complied with the legislative requirements, including procedural fairness and whether it provided for the proper operation of the enterprise. The NUW contested the application, arguing that the EA failed to meet certain statutory requirements and did not adequately address procedural fairness. The FWC needed to examine the procedural steps taken during the negotiation of the EA and assess whether the process was fair and whether the agreement itself was fair and appropriate.

The FWC found that the application met the procedural fairness requirements as the negotiations were conducted in good faith and the employees had been given a reasonable opportunity to express their views. The FWC concluded that the EA provided for the proper operation of the enterprise, as it was consistent with the relevant industry standards and addressed the core issues of employment. The FWC approved the EA, finding that it met all legislative requirements and was fair and appropriate.

The FWC approved the EA, which now regulates the terms and conditions of employment for the employees. The approval was made subject to certain conditions, including the requirement that the employer and the union notify the FWC of any changes to the EA within 30 days. The FWC also directed that a copy of the approved EA be provided to all employees and made available on the employer's website. The decision of the FWC is final and binding on both 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