National Union of Workers

[2014] FWCA 7203

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2014/9228)

PACIFIC BRANDS AND NATIONAL UNION OF WORKERS DISTRIBUTION SERVICES W.A ENTERPRISE AGREEMENT (WELSHPOOL) 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2014

Application for approval of the Pacific Brands and National Union of Workers Distribution Services W.A Enterprise Agreement (Welshpool) 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Brands and National Union of Workers Distribution Services W.A Enterprise Agreement (Welshpool) 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). 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 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 17 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers lodged an application for the approval of the Pacific Brands and National Union of Workers Distribution Services W.A Enterprise Agreement (Welshpool) 2014. The dispute centred around the terms and conditions of employment for workers within the distribution services sector of Pacific Brands in Western Australia. The matter was heard and determined by the Fair Work Commission.

The legal issues that required resolution involved the scrutiny of whether the agreement met the statutory criteria for approval, including its compliance with the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was made in good faith, and whether it provided for minimum rates of pay and conditions that were no less favourable than the relevant award or safety net award. Additionally, the court examined the process by which the agreement was made, ensuring it involved genuine bargaining.

The Fair Work Commission found that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and was no less favourable than the relevant award. The Commission also determined that the process of genuine bargaining was followed, as evidenced by the negotiations and consultations between the parties. Consequently, the Commission approved the enterprise agreement, finding it to meet all necessary statutory requirements. As a result, the Pacific Brands and National Union of Workers Distribution Services W.A Enterprise Agreement (Welshpool) 2014 was approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established