National Union of Workers

[2014] FWCA 2628

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2014/794)

AGFA-GEVAERT LIMITED NATIONAL COMPREHENSIVE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 17 APRIL 2014

Application for approval of Agfa-Gevaert Limited National Comprehensive Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Agfa-Gevaert Limited National Comprehensive 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). 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 24 April 2014. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Agfa-Gevaert Limited for approval of the National Comprehensive Agreement 2014 with the National Union of Workers. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which outlined terms and conditions of employment for workers in the printing and photographic industry. The dispute centred on whether the agreement met the statutory criteria for approval and whether it appropriately balanced the interests of both employers and employees.

The legal issues addressed by the Commission included whether the agreement was genuinely negotiated, whether it contained all mandatory terms and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission needed to consider if the agreement met the requirement of genuine negotiation, as well as whether it provided for adequate protections and entitlements for employees, and if it aligned with the broader objectives of the Act to promote fair and effective workplace relations.

The Commission found that the National Comprehensive Agreement 2014 had been genuinely negotiated and contained all mandatory terms and conditions as required by the Act. It noted that the agreement provided for fair and reasonable terms, taking into account the interests of both parties. The Commission approved the agreement, acknowledging that it met the statutory criteria and was in line with the objectives of promoting fair and effective workplace relations. The decision underscored the importance of achieving a balance between the rights and obligations of employers and employees in approved agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established