National Union of Workers

[2013] FWCA 8816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/9924)

LEVI STRAUSS (AUSTRALIA) PTY LTD DISTRIBUTION CENTRE UNION COLLECTIVE AGREEMENT 2013-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2013

Application for approval of the Levi Strauss (Australia) Pty Ltd Distribution Centre Union Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Levi Strauss (Australia) Pty Ltd Distribution Centre Union Collective Agreement 2013-2015 (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 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.

[3] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for the approval of the Levi Strauss (Australia) Pty Ltd Distribution Centre Union Collective Agreement 2013-2015. The primary dispute concerned the terms and conditions of employment for workers at the Levi Strauss distribution centre. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issues involved whether the agreement adhered to the provisions of the Act, particularly sections concerning minimum wages and conditions, and whether it complied with the "better off overall test" (BOOT).

The Commission examined the agreement clause by clause, focusing on aspects such as wages, penalty rates, leave entitlements, and other employment conditions. It considered whether the proposed terms and conditions were at least as favourable as the applicable awards or registered agreements. The Commission also assessed whether the agreement met the BOOT, ensuring that the overall conditions for employees were not worse than what they would have under existing awards or agreements. Ultimately, the Commission found that the agreement did not meet the requirements of the Act due to discrepancies in penalty rates and other conditions, leading to the rejection of the application for approval. The Commission's decision was based on a detailed analysis of the agreement's provisions and a comparison with the applicable industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established