National Union of Workers Summary

[2014] FWCA 2761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/765)

H & R ANZ PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 APRIL 2014

Application for approval of the H & R ANZ Pty Ltd and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the H & R ANZ 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) and was made by National Union of Workers (NUW). The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A), 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 and is appended at Appendix B.

[4] Subject to the undertakings provided, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 6 May 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the case of National Union of Workers, the applicant sought approval for the H & R ANZ Pty Ltd and National Union of Workers Enterprise Agreement 2014. The dispute centred around the terms and conditions of employment within the enterprise, and the application was heard in the Fair Work Commission. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Act, particularly sections concerning minimum wages, penalty rates, and the process for approval. The Commission examined whether the agreement provided fair and reasonable terms for employees, and whether it was appropriately negotiated and presented. The Commission also considered the arguments from both the applicant and the objectors to the agreement.

In reaching its decision, the Commission found that the agreement was largely compliant with the requirements of the Act. The Commission noted that while some aspects of the agreement were subject to negotiation, the overall terms were fair and reasonable for the employees involved. The Commission was satisfied that the agreement was appropriately negotiated and presented, and it approved the enterprise agreement accordingly. The Commission's decision was based on a detailed analysis of the evidence and submissions provided by both parties.

The final orders of the Commission included the approval of the H & R ANZ Pty Ltd and National Union of Workers Enterprise Agreement 2014, subject to certain conditions. These conditions related to the implementation of the agreement and the ongoing monitoring of its effects on the employees. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it take effect from a specified date.

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