National Union of Workers Summary

[2013] FWCA 8040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2013/9740)

FLORSHEIM PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2013

Application for approval of the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2013 (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 National Union of Workers 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 21 October 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Florsheim Pty Ltd and National Union of Workers Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for Florsheim Pty Ltd employees, with the National Union of Workers seeking to have the agreement recognised and enforced. The Fair Work Commission, in its role of regulating and approving enterprise agreements, was tasked with determining whether the agreement met the necessary legal standards.

The primary legal issues the Commission had to resolve were whether the agreement was made in accordance with the provisions of the Fair Work Act 2009 and whether it met the 'better off overall test'. This test requires that employees be no worse off financially and, in some cases, better off overall compared to their previous conditions. Additionally, the Commission had to consider whether the agreement provided for procedural fairness, ensuring that employees had an opportunity to be involved in the negotiation process.

In its decision, the Fair Work Commission found that the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. The Commission also determined that the agreement satisfied the better off overall test, as it provided for improved conditions for the employees, including better wages and leave entitlements. The Commission further held that the agreement was procedurally fair, as it involved appropriate consultation with the employees. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Florsheim Pty Ltd and National Union of Workers Enterprise Agreement 2013, effective from 1 March 2013. The Commission ordered that the agreement be registered and that it would govern the terms and conditions of employment for the relevant employees. The decision ensures that the employees benefit from the improved terms and conditions provided for in the agreement.

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