DECISION

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

National Union of Workers
(AG2014/10304)

STAPLES AUSTRALIA PTY LIMITED, TURNER STREET DISTRIBUTION CENTRE, ENTERPRISE PARTNERSHIP AGREEMENT 2014-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Staples Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2014-2016 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise partnership agreement between the National Union of Workers and Staples Australia Pty Limited for the Turner Street Distribution Centre. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement was in the best interests of the employees covered by it. Specifically, the Commission had to determine whether the terms of the agreement were fair and reasonable, and whether it provided appropriate protections for the employees.

The Commission examined the terms of the agreement, including provisions related to wages, working conditions, dispute resolution, and other employment matters. The Commission considered the evidence provided by both parties and the submissions made on behalf of the employees. The Commission also took into account the broader economic and employment context in which the agreement was negotiated. After careful consideration, the Commission found that the agreement was in the best interests of the employees, as it provided appropriate protections and benefits for them, while also balancing the needs of the employer.

The Commission approved the enterprise partnership agreement, subject to certain modifications to address specific concerns raised by the employees. The Commission noted that the agreement provided a framework for cooperative bargaining between the parties and that it had the potential to improve working conditions and outcomes for the employees. The Commission also noted that the agreement reflected a genuine attempt by both parties to reach a mutually beneficial outcome. The modifications made to the agreement addressed specific concerns raised by the employees and ensured that the agreement was fair and reasonable.

The Fair Work Commission approved the enterprise partnership agreement, subject to the modifications. The decision provides an important precedent for future negotiations between employers and employees, and highlights the importance of cooperative bargaining in achieving positive outcomes for both parties. The decision also underscores the role of the Commission in ensuring that enterprise agreements are fair and reasonable, and that they provide appropriate protections for employees.

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