DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2015/297)

E.D. OATES PTY LTD (BROADMEADOWS WAREHOUSE) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 25 FEBRUARY 2015

Application for approval of the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & 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). It has been made by the National Union of Workers (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[5] The application was not lodged within 14 days after the agreement was made. The reason for the delay was provided with the application and was due to the Christmas/New Year shut down period.

[6] Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2015. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement with E.D. Oates Pty Ltd, covering employees at the Broadmeadows Warehouse. The dispute was brought before the Fair Work Commission, which is responsible for the regulation and approval of enterprise agreements in Australia. The central issue before the Commission was whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single interest" enterprise agreement, and if it adhered to the procedural requirements for being registered.

The Commission examined the process through which the agreement was negotiated and whether it was genuinely bargained between the parties. It also assessed the content of the agreement to ensure it did not contain any terms that were contrary to public policy or that failed to meet the statutory minimum standards. The Commission took into account submissions from both the union and the employer, as well as relevant legislative provisions and precedent cases. After careful consideration, the Commission found that the agreement was fairly negotiated and contained no terms that were inconsistent with the law or public policy. The agreement was deemed to meet all statutory requirements for approval.

Consequently, the Commission approved the E.D. Oates Pty Ltd (Broadmeadows Warehouse) & National Union of Workers Enterprise Agreement 2014, effective from the date of registration. The agreement was to be registered with the Commission and would apply to all relevant employees as specified within its terms. This decision provided legal certainty and recognition of the negotiated terms between the parties, ensuring that the employees' rights and obligations were properly governed by the terms of the approved agreement.

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