National Union of Workers Summary

[2014] FWCA 8368

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2014/7991)

BALDWIN FILTERS (AUST) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Baldwin Filters (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Baldwin Filters (Aust) 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).

[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, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.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 28 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval for the Baldwin Filters (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2014. The dispute arose from negotiations between the union and the employer, Baldwin Filters, regarding the terms and conditions of employment for the union's members. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the requirements set forth in the Act. Specifically, the Commission had to assess whether the agreement was certified as genuine, provided for the proper classification of employees, included appropriate minimum terms, and did not include provisions that were against public policy. The Commission also needed to consider whether the agreement had been made in good faith and whether it met the "better off overall test" to ensure that the employees were not worse off under the new agreement.

In reaching its decision, the Commission examined the certification process and found that the union had properly certified the agreement. It reviewed the classification of employees and determined that the agreement provided for their proper classification. The Commission also assessed the minimum terms and found that they met the requirements of the Act. Importantly, it concluded that the agreement did not include any provisions that contravened public policy. Finally, the Commission was satisfied that the agreement had been made in good faith and that it met the better off overall test, as it provided employees with a fair and reasonable set of terms and conditions.

The Fair Work Commission approved the Baldwin Filters (Aust) Pty Ltd and National Union of Workers Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009. The Commission's decision was based on the proper certification process, appropriate employee classification, inclusion of minimum terms, absence of public policy contraventions, and satisfaction with the good faith and better off overall test.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established