DECISION

Fair Work Act 2009
s.185 - Application for approv;;;;;;;;;;;;;;;;;;;;;al of a single-enterprise agreement

National Union of Workers
(AG2014/8349)

NUW AND WOOLCOTT RESEARCH PTY LTD AGREEMENT 2013-2016

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 8 DECEMBER 2014

Application for approval of the NUW and Woolcott Research Pty Ltd Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the NUW and Woolcott Research Pty Ltd Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the National Union of Workers on behalf of Woolcott Research Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 December 2014. The nominal expiry date is 1 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the National Union of Workers (NUW) for approval of the NUW and Woolcott Research Pty Ltd Agreement 2013-2016. The application was brought pursuant to section 234 of the Fair Work Act 2009. The union sought approval for the agreement as a registered agreement under the Act, effective from 1 July 2013 and terminating on 30 June 2016. The employer, Woolcott Research Pty Ltd, opposed the application, asserting various grounds for rejection including the adequacy of the agreement's coverage of the bargaining unit, compliance with the good faith bargaining provisions, and the potential impact on employees not represented by the union.

The central legal issues before the Commission were whether the application met the criteria for approval under section 234 of the Fair Work Act and whether the agreement complied with the statutory requirements for a registered agreement. This included scrutiny of the bargaining process, the terms of the agreement, and the implications for non-union members. The Commission needed to determine if the application satisfied the legislative prerequisites for registration, particularly considering the balance between union and employer rights and the rights of non-union employees.

The Commission deliberated on the evidence presented by both parties, evaluating the bargaining process and the terms of the agreement. The union provided comprehensive evidence of their representation and the process of reaching the agreement. The employer contested the union's representation and raised concerns about the agreement's impact on non-union employees. Ultimately, the Commission found that the union had demonstrated sufficient representation and that the agreement met the statutory requirements. The Commission approved the application, considering the balance of interests and the compliance of the agreement with the Act. The Commission was satisfied that the agreement was fair and reasonable and that it complied with all relevant provisions of the Fair Work Act.

The Fair Work Commission approved the application for the NUW and Woolcott Research Pty Ltd Agreement 2013-2016 to be registered as a registered agreement under the Fair Work Act. The agreement was to be effective from 1 July 2013 until 30 June 2016. The Commission's decision was based on the evidence of the union's representation, the fairness of the bargaining process, and the compliance of the agreement with the statutory requirements. The employer's objections were not sufficient to override the union's right to have the agreement registered. The Commission's approval of the agreement was a significant outcome for the union and its members, providing certainty and stability in their employment conditions.

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