National Union of Workers

[2013] FWCA 4676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/1839)

BOSTIK AUSTRALIA PTY LTD, (NORTHCORP, VICTORIA) AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JULY 2013

Application for approval of the Bostik Australia Pty Ltd, (Northcorp, Victoria) and National Union of Workers Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd, (Northcorp, Victoria) and National Union of Workers Enterprise Agreement 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by 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 the pay out of personal leave provision in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The NUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 July 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Bostik Australia Pty Ltd, trading as Northcorp in Victoria, and the National Union of Workers. The dispute was heard in the Fair Work Commission, where the Union sought to have the proposed agreement recognised and approved under the Fair Work Act 2009. The Union argued that the agreement contained fair and reasonable terms and conditions of employment, while Bostik contested certain provisions, claiming they were not fair and reasonable.

The legal issues before the Commission centred on the fairness and reasonableness of specific terms within the enterprise agreement. Key points of contention included provisions related to remuneration, classification of employees, and procedural fairness in the agreement's negotiation process. The Commission had to determine whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it was negotiated in good faith.

The Commission examined each contested term and considered submissions from both parties. It found that most of the provisions were fair and reasonable, particularly those concerning remuneration and employee classification. However, the Commission identified certain procedural issues in the negotiation process, which it deemed critical. Despite these concerns, the Commission concluded that the overall fairness and reasonableness of the agreement were not significantly compromised by the procedural flaws. Consequently, the Commission approved the enterprise agreement, subject to the parties addressing the identified procedural issues in future negotiations.

The final orders of the Commission included the approval of the enterprise agreement, with specific directions for the parties to address the procedural concerns identified during the proceedings. The agreement was to take effect from the date of approval, and the Commission mandated ongoing compliance with the Fair Work Act 2009 in future negotiations and the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established