National Union of Workers

[2014] FWCA 8557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/7992)

LUV-A-DUCK PTY LTD (PROCESSING) - NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2014-2017

Poultry processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Luv-A-Duck Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2014. The nominal expiry date of the Agreement is 19 July 2017.

ATTACHMENT A

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CaseChat Overview and Summary

The National Union of Workers made an application to the Fair Work Commission for approval of the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2014-2017. The agreement was submitted for registration under section 177 of the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the statutory requirements for registration and if it met the standards of good faith bargaining and fairness.

The key legal issues before the Commission were whether the agreement had been negotiated in good faith, whether it contained the minimum mandatory terms, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider if the agreement was fair and reasonable in terms of its provisions and whether it met the standards for public interest.

The Commission found that the agreement had been negotiated in good faith and that it contained all the mandatory terms required by the Fair Work Act. The procedural requirements for registration were also met, as the agreement had been properly balloted and the necessary thresholds for approval had been achieved. The Commission was satisfied that the agreement was fair and reasonable, taking into account the context of the industry and the bargaining positions of the parties.

The Fair Work Commission approved the Luv-A-Duck Pty Ltd (Processing) - National Union of Workers Certified Agreement 2014-2017 for registration. The agreement was deemed to be a valid and legally enforceable award, effective from the date of registration and continuing until the end of the specified term or until varied or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established