National Union of Workers

[2013] FWCA 9599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/10254)

ARMSTRONG WORLD INDUSTRIES (AUSTRALIA) PTY LTD (BRAESIDE SITE) NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Armstrong World Industries (Australia) Pty Ltd (Braeside Site) National Union of Workers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armstrong World Industries (Australia) Pty Ltd (Braeside Site) National Union of Workers Collective Agreement 2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Union of Workers, the applicant sought approval of the Armstrong World Industries (Australia) Pty Ltd (Braeside Site) National Union of Workers Collective Agreement 2013. The respondent, Armstrong World Industries (Australia) Pty Ltd, contested the application, raising concerns about various provisions of the agreement. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issue before the Commission was whether the provisions of the collective agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. The Commission had to consider whether the agreement was in the public interest, and whether it provided for a fair and efficient workplace relationship. Key areas of contention included provisions relating to employee entitlements, such as leave and overtime, and the dispute resolution mechanisms outlined within the agreement.

The Commission carefully examined the provisions of the agreement, weighing the arguments presented by both parties. After considering the evidence and submissions, the Commission concluded that the majority of the provisions were fair and met the statutory requirements. However, certain clauses were found to be problematic and were not approved. The Commission determined that the agreement, as a whole, did not unduly harm the public interest and was conducive to a fair and efficient workplace relationship. Consequently, the application for approval was largely upheld, with some amendments required to address the identified issues.

The Fair Work Commission approved the collective agreement subject to certain modifications. These modifications were intended to ensure compliance with the Fair Work Act 2009 and to address the concerns raised by the respondent. The Commission's decision was communicated to both parties, and the agreement was to be implemented with the specified changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established