National Union of Workers

[2014] FWCA 5954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/6286)

TASMANIAN FLOUR MILL AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2014

Application for approval of the Tasmanian Flour Mill and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Flour Mill and National Union of Workers (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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.

[3] 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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Annuexure A

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, National Union of Workers brought an application for the approval of the Tasmanian Flour Mill and National Union of Workers Enterprise Agreement 2013. The applicant union claimed that the agreement had been appropriately negotiated and was fair and reasonable in all aspects. The dispute centred on the terms of the proposed enterprise agreement, particularly those relating to employee entitlements and workplace conditions.

The central legal issue for the Commission to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning genuine bargaining and the terms and conditions of employment. This included assessing whether the agreement was fairly negotiated and if it met the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions.

The Commission examined the evidence presented by both parties and found that the agreement had been genuinely negotiated and met the better off overall test. The Commission also noted that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the employees and the business. Consequently, the Commission approved the Tasmanian Flour Mill and National Union of Workers Enterprise Agreement 2013. The approval ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established