National Union of Workers

[2013] FWCA 6055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/1927)

DENTSPLY (AUSTRALIA) PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2013-2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2013

Application for approval of the Dentsply (Australia) Pty Ltd & National Union of Workers Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Dentsply (Australia) Pty Ltd & National Union of Workers Collective Agreement 2013-2016 (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 (and s.190) as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 29 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by the National Union of Workers for the approval of a collective agreement between Dentsply (Australia) Pty Ltd and the union for the period 2013-2016. The dispute centred on whether the terms of the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has jurisdiction over employment and workplace relations matters in Australia.

The central legal issues that the Commission had to resolve were whether the collective agreement met the statutory requirements for approval, including provisions related to pay and conditions, and whether the agreement appropriately balanced the interests of both the employer and the employees represented by the union. The Commission also needed to consider whether the agreement provided for fair and effective mechanisms for resolving disputes and whether it complied with the principles of good faith bargaining.

The Commission, after reviewing the submissions and evidence from both parties, found that the proposed agreement met the necessary statutory criteria for approval. The Commission emphasised the importance of the agreement in providing clear and fair terms for employees, while also recognising the legitimate business interests of the employer. The Commission concluded that the agreement adequately balanced the rights and obligations of both parties and provided appropriate mechanisms for dispute resolution. Consequently, the Commission approved the collective agreement as it was presented.

The final orders of the Commission were that the Dentsply (Australia) Pty Ltd & National Union of Workers Collective Agreement 2013-2016 be approved in its entirety, subject to the terms and conditions as specified in the agreement. The approval was effective from the date of the Commission's decision, and both parties were directed to comply with the terms of the agreement moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established