National Union of Workers

[2013] FWCA 4710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/994)

LA IONICA POULTRY AND NATIONAL UNION OF WORKERS COLLECTIVE PROCESSING AGREEMENT 2012

Poultry processing
COMMISSIONER JOHNS	MELBOURNE, 16 JULY 2013

Application for approval of the La Ionica Poultry and National Union of Workers Collective Processing Agreement 2012.

[1] On 24 April 2013 National Union of Workers made an application for approval of the La Ionica Poultry and National Union of Workers Collective Processing Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside of the 14 day timeframe prescribed by section 185(3)(a) the Act. The Commission invited the parties to explain the late lodgement. On 24 June 2013, Mr Alex Snowball, of National Union of Workers, advised that the Agreement was lodged late so that the parties could resolve outstanding issues that may have resulted in a need to amend the Agreement. Ultimately these issues were resolved without the need for amendment. In all the circumstances the Commission considers it fair to extent the period for lodgement and does so pursuant to section 185(3)(b).

[3] 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.

[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 this organisation.

[5] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 23 July 2013. The nominal expiry date of the Agreement is 1 November 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Union of Workers, applied to the Fair Work Commission for the approval of a collective agreement made with La Ionica Poultry. The nature of the dispute was whether the agreement contained appropriate provisions for the protection of workers’ rights and interests. The case was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provision of appropriate mechanisms for the resolution of disputes, the protection of workers’ rights and interests, and the promotion of harmonious workplace relations. The Commission also had to consider whether the agreement complied with relevant international labour standards.

The Commission found that the agreement contained appropriate provisions for the protection of workers’ rights and interests, including provisions for the resolution of disputes and the promotion of harmonious workplace relations. The Commission also found that the agreement complied with relevant international labour standards. The Commission approved the agreement, subject to certain modifications to ensure that it met the statutory requirements under the Fair Work Act 2009.

The Commission ordered that the agreement be approved, subject to the modifications made by the Commission. The parties were directed to implement the agreement and to take all necessary steps to give effect to its provisions. The Commission also ordered that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established