National Union of Workers

[2013] FWCA 7492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/8630)

HAKUBAKU AND NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Hakubaku and National Union of Workers Certified Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hakubaku and National Union of Workers Certified Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theNational 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 Hakubaku Australia Pty Ltd. In accordance with s.191(1) of the Act these 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 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

ATTACHMENT A

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CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for the approval of the Hakubaku and National Union of Workers Certified Agreement 2013. The applicant union, the National Union of Workers, sought to have the agreement certified under section 182 of the Fair Work Act 2009. The application arose because the Fair Work Commission was required to approve the agreement before it could be registered as a registered agreement under the Fair Work Act. The legal issues before the Commission included whether the agreement was a genuine enterprise agreement and whether it complied with the procedural requirements of the Fair Work Act.

The Commission found that the agreement was a genuine enterprise agreement, as it had been negotiated between the employer and the union, and it covered a defined group of employees. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement to give notice of the application to certain persons and the requirement to allow a period of time for objections to be made. The Commission was satisfied that the agreement was an appropriate means of facilitating a productive workplace and that it did not undermine the provisions of the National Employment Standards.

The Commission approved the agreement and it was registered as a registered agreement under the Fair Work Act. The parties were directed to provide a copy of the registered agreement to the Fair Work Ombudsman and to display a copy of the agreement in a prominent place in the workplace. The parties were also directed to provide a copy of the agreement to each employee to whom it applied.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established