National Union of Workers

[2013] FWCA 8425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/9594)

LONGWARRY FOOD PARK AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Longwarry Food Park and National Union of Workers Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Longwarry Food Park and National Union of Workers Collective Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Longwarry Food Park Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the National Union of Workers involved an application for the approval of a collective agreement between the union and the employer, Longwarry Food Park, covering the period 2013-2016. The Fair Work Commission was tasked with deciding whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement, which was to be registered as a single-enterprise agreement, complied with the relevant provisions of the Act, particularly in terms of the proper notice and consultation requirements.

The Commission considered whether the employer had provided the requisite notice of the agreement to the union and the union had, in turn, provided notice to its members. Additionally, the Commission examined whether the union had adequately consulted its members about the proposed agreement and whether the agreement met the standards of good faith bargaining. The Commission found that the employer had failed to provide proper notice of the agreement to the union, and the union had not sufficiently consulted its members. However, the Commission also recognised that the agreement contained terms that were consistent with the objectives of the Act, such as those relating to wage rates, penalty rates, and other conditions of employment.

Ultimately, the Commission decided that the agreement should be approved, notwithstanding the procedural shortcomings, due to the substantial compliance with the Act's objectives and the absence of any substantive issues that would render the agreement unfair or contrary to the public interest. The Commission noted that the parties had engaged in good faith bargaining and that the agreement was in the best interests of the employees. The Commission's decision was informed by its statutory duty to promote conciliation, arbitration, and the settlement of industrial disputes. The Commission ordered that the agreement be registered and approved as a single-enterprise agreement, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established