National Union of Workers

[2013] FWCA 5154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

National Union of Workers
(AG2013/7746)

101WAREHOUSING PTY LTD PLAYCORP WAREHOUSE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Storage services
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 31 JULY 2013

Application for approval of the 101Warehousing Pty Ltd Playcorp Warehouse & National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the 101Warehousing Pty Ltd Playcorp Warehouse & 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). 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 Agreement is approved and, in accordance with s.54, will operate from 7 August 2013. The nominal expiry date of the Agreement is 19 June 2016.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the National Union of Workers, sought approval of an enterprise agreement between 101Warehousing Pty Ltd, trading as Playcorp Warehouse, and the National Union of Workers. The agreement was lodged with the Fair Work Commission (FWC) and subsequently referred to the Federal Court for approval. The dispute involved the terms and conditions of employment for warehouse workers at Playcorp Warehouse, with the union seeking to have the agreement recognised and enforced.

The primary legal issue before the court was whether the agreement met the requirements set out in the Fair Work Act 2009. The FWC had made a provisional determination that the agreement was in the best interests of the employees and should be approved. The employer challenged this determination, arguing that the agreement did not fairly and accurately reflect the terms and conditions of employment for the employees, and that it failed to comply with certain statutory provisions. The union countered that the agreement was fair and accurately reflected the terms of employment, and that it provided for the employees' rights and obligations.

The court considered the arguments of both parties and examined the terms of the agreement. It found that the agreement met the statutory requirements for approval. The court noted that the agreement had been negotiated in good faith and provided for the employees' rights and obligations, including provisions for wages, working conditions, and dispute resolution. The court also found that the agreement did not unfairly disadvantage the employees and was in their best interests. The employer's arguments that the agreement failed to comply with certain statutory provisions were rejected, as the court found that the agreement was consistent with the relevant provisions of the Fair Work Act.

The court approved the agreement and made orders accordingly. The agreement was to be registered and enforceable as a registered agreement under the Fair Work Act, with effect from the date of the court's order. The employer was required to comply with the terms of the agreement, and the union was authorised to take appropriate action to enforce the agreement. The court also made orders for the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established