National Union of Workers Summary

[2013] FWCA 7232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/2853)

ENTEGRO GROUP PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Entegro Group Pty Ltd and 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) and was made by National Union of Workers. 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] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 27 September 2013. The nominal expiry date of the Agreement is 14 June 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The applicant, Entegro Group Pty Ltd, sought approval of a proposed enterprise agreement with the National Union of Workers under section 186 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, where the Commission was tasked with assessing whether the proposed agreement met the necessary criteria for approval. The key legal issues before the Commission were whether the agreement was in the best interests of the employees covered by it and whether it adhered to the provisions of the Fair Work Act. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and if it included adequate protections for employees, particularly in relation to redundancy and termination provisions.

The Commission examined the proposed agreement's provisions, noting that it included provisions for redundancy payments and termination, which were consistent with the Fair Work Act's requirements. The applicant argued that the agreement was in the best interests of the employees as it provided for a competitive wage structure and enhanced job security. The Commission also took into account submissions from the union, which generally supported the agreement, highlighting that it offered improvements in working conditions and benefits for employees. The Commission concluded that the proposed agreement met the statutory requirements and was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

Following its analysis, the Fair Work Commission approved the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013, finding it to be a fair and reasonable agreement that met the criteria under section 186 of the Fair Work Act. The Commission's decision was based on its assessment that the agreement provided for adequate protections for employees and offered improvements in working conditions and benefits. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by it are governed by a legally binding and fair 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