National Union of Workers

[2013] FWCA 8145

The attached document replaces the document previously issued with the above code on 17 October 2013, and is amended as follows:

1. The matter number has been removed from the agreement title in the preamble.

2. In paragraph [4] “24 October 21013” has been replaced by “24 October 2013”.

Fran Cashman

Associate to Commissioner Ryan

Dated 17 October 2013

[2013] FWCA 8145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/9756)

SCREENEX (SUNSHINE) EMPLOYEE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Screenex (Sunshine) Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Screenex (Sunshine) Employee Enterprise 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 National Union of Workers, 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 24 October 21013. The nominal expiry date of the Agreement is 23 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the National Union of Workers and Screenex (Sunshine) Pty Ltd. The dispute centred around the application for approval of the Screenex (Sunshine) Employee Enterprise Agreement 2013. The Fair Work Commission was the court involved in this matter.

The legal issues that the court needed to address were whether the agreement met the requirements for approval under the Fair Work Act 2009, and if it appropriately covered the specified employees. The court also had to determine if the agreement satisfied the criteria of being in the interests of the employees and the employer, and if it met the procedural requirements for approval.

The court found that the agreement was compliant with the Fair Work Act 2009 and was in the best interests of both the employees and the employer. The court noted that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The court also found that the procedural requirements for approval had been met, and therefore, the application for approval of the Screenex (Sunshine) Employee Enterprise Agreement 2013 was granted.

The final orders of the court were that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to come into effect on the date of the decision and would remain in force until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established