National Union of Workers Summary

[2013] FWCA 9085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/10007)

SCENTAL PACIFIC PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the Scental Pacific Pty Ltd and National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Scental Pacific Pty Ltd and National Union of Workers Enterprise Agreement 2012 (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] An undertaking has been given in relation to clause 14.3 and 29.1 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 26 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The parties involved in this case are Scental Pacific Pty Ltd, an employer, and the National Union of Workers, a union representing employees. The dispute centred on the approval of the Enterprise Agreement between the two parties for the year 2012. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues that the Commission had to address included whether the agreement met the 'better off overall test' and if it complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the proposed changes to the employees' conditions were fair and reasonable, and if the agreement facilitated a productive workplace relationship.

The Fair Work Commission, in its decision, analysed the proposed agreement under the statutory requirements. It considered the 'better off overall test' which requires that employees be no worse off and at least some employees better off financially. The Commission also evaluated whether the agreement adhered to the provisions of the Fair Work Act, including its compliance with the 'good faith' bargaining requirement. After thorough examination, the Commission determined that the agreement met all the legal criteria for approval. The decision emphasised the importance of maintaining a balance between the interests of the employer and the employees.

The Fair Work Commission approved the Scental Pacific Pty Ltd and National Union of Workers Enterprise Agreement 2012, highlighting the agreement's compliance with all relevant statutory requirements. This decision underscored the Commission's commitment to ensuring fair and reasonable terms for both parties involved.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established