National Union of Workers

[2014] FWCA 749

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2013/10510)

TRUE ALLIANCE CORPORATE SERVICES ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 30 JANUARY 2014

Application for approval of the True Alliance Corporate Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the True Alliance Corporate Services Enterprise Agreement 2013 (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 was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 23 December 2013. On 28 January 2014 I received a signed undertaking in response to the queries from Sue Rogers, Human Resources Manager of True Alliance Corporate Services. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, National Union of Workers, sought approval of the True Alliance Corporate Services Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement, if it was made in good faith, and whether it complied with the procedural and substantive requirements outlined in the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions of employment for the employees involved.

In evaluating the application, the Commission examined the negotiation process, the content of the agreement, and the interests of the employees. The Commission found that the agreement was genuinely made by the parties, it was made in good faith, and it complied with the procedural requirements. The Commission also found that the agreement provided fair and reasonable terms and conditions of employment for the employees involved.

Consequently, the Fair Work Commission approved the True Alliance Corporate Services Enterprise Agreement 2013. The Commission's decision was based on the evidence presented, which demonstrated that the agreement met all the statutory requirements and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established