National Union of Workers Summary

[2013] FWCA 6776

FAIR WORK COMMISSION

DECISION

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

National Union of Workers
(AG2013/8856)

CELLNET GROUP LIMITED (EAGLE FARM, QUEENSLAND) - WAREHOUSE EMPLOYEES - UNION COLLECTIVE AGREEMENT 2013-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2013

Application for approval of the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2013-2015 (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] There was an error on the F17 Form with the date the Notice of Employee Representational Rights was given to employees indicating that 21 days had not passed between the giving of the Notice and asking the employees to vote on the Agreement. The Applicant advised that the date specified on the F17 was incorrect and I am satisfied that 21 days had in fact passed between the giving of the Notice and the vote.

[3] The application was not lodged within 14 days after the agreement was made. The application was lodged one day late. Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2013. The nominal expiry date of the Agreement is 1 August 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the National Union of Workers, the court considered an application for the approval of a collective agreement between the Cellnet Group Limited and its warehouse employees at the Eagle Farm site in Queensland. The agreement, spanning the years 2013 to 2015, was proposed for endorsement to regulate the terms and conditions of employment for the workers involved. The dispute centred on whether the agreement adhered to the necessary legal standards and if it was fair and reasonable for the employees, taking into account the balance of rights and obligations for both parties.

The court was tasked with examining several legal issues, including whether the agreement contained all the required terms as stipulated by the Fair Work Act 2009, whether the bargaining process was conducted fairly, and if the agreement was in the best interests of the employees. Furthermore, the court had to determine if the agreement met the criteria for being a "registerable" agreement under the Fair Work Act. This involved assessing the fairness of the terms, the representation of the parties involved, and the compliance with the statutory requirements.

The court found that the agreement was comprehensive and included all the mandatory terms as required by the Fair Work Act. The court also concluded that the bargaining process was fair and that the agreement was in the best interests of the employees, considering the balance between the rights and obligations of both the employer and the employees. The court approved the agreement, confirming that it met the criteria for registration and was fair and reasonable for the employees. This decision was grounded on the evidence presented, which demonstrated that the agreement was beneficial and appropriately balanced the interests of both parties.

The court's final order was the approval of the Cellnet Group Limited (Eagle Farm, Queensland) - Warehouse Employees - Union Collective Agreement 2013-2015. This approval ensures that the agreement will regulate the terms and conditions of employment for the warehouse employees at the specified location during the designated period.

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