National Union of Workers

[2014] FWCA 640

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2014/67)

PACIFIC BRANDS DISTRIBUTION AND NATIONAL UNION OF WORKERS - PORT ADELAIDE - ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 24 JANUARY 2014

Application for approval of the Pacific Brands Distribution and National Union of Workers - Port Adelaide - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Brands Distribution and National Union of Workers - Port Adelaide - 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 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 22 January 2014. On 22 January 2014 I received a signed undertaking in response to the queries from Peter Nugent, HR Manager - Supply Chain, for Pacific Brands Holdings Ltd. 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 31 January 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Pacific Brands Distribution and the National Union of Workers, Port Adelaide Branch, dated 2013. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union sought to have approved as a lawful and binding contract between the employer and the employees. The application was heard by the Fair Work Commission, an Australian federal statutory authority responsible for resolving workplace disputes and promoting fair work practices.

The legal issues that the Fair Work Commission had to address involved ensuring that the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to confirm that the agreement met the requirements for a protected action ballot, that it was free from any unlawful content, and that it did not unfairly discriminate against any group of employees. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees.

In examining these issues, the Fair Work Commission took into account the submissions from both parties, as well as any relevant evidence and legal precedents. The Commission found that the proposed agreement was consistent with the statutory requirements, including the procedural fairness in conducting the ballot and the substantive fairness of the terms. The agreement was deemed to provide a fair and reasonable balance of rights and obligations, and it did not contain any unlawful content or discriminatory provisions. Based on these findings, the Commission approved the enterprise agreement, which would now serve as a binding contract between Pacific Brands Distribution and the National Union of Workers, Port Adelaide Branch.

The Fair Work Commission's decision concluded that the Pacific Brands Distribution and National Union of Workers - Port Adelaide - Enterprise Agreement 2013 was to be approved and registered. The agreement would now be in effect, governing the terms and conditions of employment for the relevant employees, and providing a framework for industrial relations between the employer and the union. This approval marked the final resolution of the dispute, and the Commission's decision stood as a binding determination on the matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established