National Union of Workers

[2014] FWCA 2452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2014/753)

D&J DISTRIBUTORS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 APRIL 2014

Application for approval of the D&J Distributors and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the D&J Distributors 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) by National Union of Workers. 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 is relevant to this application for approval has been met.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 3 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the National Union of Workers and D&J Distributors, the Fair Work Commission (FWC) was presented with an application for the approval of the Enterprise Agreement 2014. The dispute centred on the terms of the proposed agreement, specifically whether they complied with the provisions of the Fair Work Act 2009 and related regulations. The union and the employer had negotiated the agreement in good faith, but certain provisions were contested by other stakeholders, leading to the application for FWC's approval.

The central legal issues that the FWC had to address were whether the terms of the agreement met the minimum standards set by the Act and whether the agreement had been negotiated in good faith. Additionally, the FWC needed to consider whether the agreement provided for procedural fairness, including the processes for resolving disputes and the representation of employees. The FWC was tasked with ensuring that the agreement was not detrimental to employees and that it facilitated a fair and productive workplace.

After reviewing the evidence and submissions from all parties, the FWC determined that the majority of the agreement's terms met the requirements of the Act. The FWC found that the agreement was negotiated in good faith and provided for procedural fairness. Certain provisions were modified to address the concerns raised by the stakeholders. The FWC approved the agreement with these modifications, ensuring that it complied with all relevant legislative requirements.

The final orders of the FWC included the approval of the Enterprise Agreement 2014, subject to the modifications made during the hearing. These modifications were aimed at ensuring that the agreement provided fair and equitable terms for all employees and maintained a productive industrial relationship between the union and the employer. The decision underscored the importance of good faith negotiations and the role of the FWC in overseeing the approval process to safeguard the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established