National Union of Workers

[2014] FWCA 8339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/7822)

CAPILANO ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Capilano Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Capilano Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 28 1 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the National Union of Workers and Capilano Australia Pty Ltd. The union sought approval for the Capilano Enterprise Agreement 2014-2017, which had been negotiated with the employer. The primary dispute centred on whether the agreement met the statutory requirements for fair work agreements, particularly in terms of its coverage, procedural fairness, and its compliance with the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement had been genuinely negotiated, whether it provided for fair terms and conditions of employment, and if the process leading to the agreement was procedurally fair. The Commission had to ensure that the agreement adhered to the principles of the Fair Work Act, including the requirement that agreements be made without coercion and that they provide for fair and reasonable terms and conditions of employment.

In delivering its decision, the Commission considered the evidence provided by both parties and examined the terms of the agreement in detail. The Commission concluded that the agreement was genuinely negotiated and that it provided for fair terms and conditions of employment. It was found that the process leading to the agreement was procedurally fair and that the union had acted appropriately in representing its members. The Commission approved the Capilano Enterprise Agreement 2014-2017, finding that it met the statutory requirements and was in the best interests of the employees.

The Commission's final orders were that the Capilano Enterprise Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to be in effect, providing the framework for employment terms and conditions between the union and the employer for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established