National Union of Workers

[2013] FWCA 5287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/2083)

COLUMBIA AUSTRALIA PTY LTD SINGLE ENTERPRISE COLLECTIVE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 AUGUST 2013

Application for approval of the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by the National Union of Workers (NUW). 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] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[5] The NUW and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the NUW and AMWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 8 August 2013. The nominal expiry date of the Agreement is 1 June 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The National Union of Workers (the Applicant) applied to the Fair Work Commission for approval of the Columbia Australia Pty Ltd Single Enterprise Collective Agreement 2013-2016 (the Agreement). Columbia Australia Pty Ltd (the Respondent) opposed the application. The Agreement was intended to cover employees of Columbia Australia who are members of the Applicant. The dispute centred on whether the Agreement complied with the Fair Work Act 2009.

The primary legal issue was whether the Agreement contained provisions that were contrary to public policy or contravened the Act. In particular, the Respondent argued that certain provisions regarding the use of contractors and the payment of allowances were unlawful. The Applicant contended that the provisions were valid and necessary to address specific employment issues within the company.

The Fair Work Commission found that the Agreement contained provisions that were contrary to public policy and contravened the Act. The Commission highlighted that the provisions on contractor usage and allowances could potentially undermine the protections afforded to employees under the Fair Work Act. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that agreements do not undermine the fundamental principles of the Act, particularly in relation to the protection of employee rights.

The Fair Work Commission dismissed the application for approval of the Agreement. The Commission's decision underscores the necessity for collective agreements to align with the legislative framework and public policy objectives of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established