DECISION

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

National Union of Workers
(AG2014/10488)

C W MARKETING PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 JANUARY 2015

Application for approval of the C W Marketing Pty Ltd and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the C W Marketing Pty Ltd and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the National Union of Workers seeking approval of the C W Marketing Pty Ltd and National Union of Workers Enterprise Agreement 2014. The dispute centred on the application's compliance with the Fair Work Act 2009 and the appropriateness of the agreement's terms and conditions.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements under the Fair Work Act, including the "better off overall test" (BOOT) which mandates that employees should not be worse off financially under the new agreement than they were under their previous terms. The Commission also had to assess whether the agreement adhered to the provisions concerning procedural fairness and if it contained any terms that were contrary to public policy or inconsistent with the National Employment Standards.

In delivering its decision, the Commission noted that the application satisfied the BOOT, as employees would experience no financial detriment and some would benefit from the new agreement. The Commission also found that the agreement was procedurally fair, with proper consultation processes evident. Furthermore, the Commission held that the agreement did not contain any terms that were contrary to public policy or inconsistent with the National Employment Standards. Based on these findings, the Commission approved the Enterprise Agreement, deeming it compliant with all statutory requirements.

Consequently, the Fair Work Commission approved the C W Marketing Pty Ltd and National Union of Workers Enterprise Agreement 2014, effective from 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