National Union of Workers

[2013] FWCA 6418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/8741)

COLBAR QSR PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013

Pharmaceutical industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Colbar QSR Pty Ltd and National Union of Workers Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Colbar QSR Pty Ltd and National Union of Workers Collective 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 agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 September 2013 and, in accordance with s.54, will operate from 10 September 2013. The nominal expiry date of the Agreement is 8 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Colbar QSR Pty Ltd, an employer, and the National Union of Workers, a trade union. The dispute related to the approval of a collective agreement between the parties, specifically the Colbar QSR Pty Ltd and National Union of Workers Collective Agreement 2013. This case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issues before the Commission were whether the agreement complied with the relevant legislative framework and whether it met the criteria for approval as set out in the Fair Work Act 2009. The Commission needed to determine if the agreement was genuinely negotiated, if it contained provisions that were in the best interests of the employees, and if it adhered to the requirements for approval under the Fair Work Act.

The Commission carefully reviewed the collective agreement, considering the submissions from both parties. It assessed whether the agreement was genuinely negotiated between the employer and the union, and whether it contained provisions that were fair and reasonable for the employees. The Commission also examined whether the agreement complied with the statutory requirements, including provisions related to minimum wages, conditions, and dispute resolution mechanisms. Ultimately, the Commission found that the agreement met all the necessary criteria and approved it, recognising the efforts of both parties in reaching a fair and balanced outcome.

The Commission issued its decision, approving the Colbar QSR Pty Ltd and National Union of Workers Collective Agreement 2013. This approval ensures that the agreement is legally binding and enforceable, providing a framework for the terms and conditions of employment for the relevant employees. The decision highlights the importance of genuine negotiation and compliance with legislative requirements in the formation of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established