National Union of Workers

[2013] FWCA 3528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/1245)

AMPELITE AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 JUNE 2013

Application for approval of the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ampelite Australia Pty Ltd and 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) 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 several clause of 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 11 June 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401582 PR537507>
APPENDIX A

CaseChat Overview and Summary

The applicant, National Union of Workers, sought approval for an enterprise agreement with Ampelite Australia Pty Ltd. The application was heard in the Fair Work Commission, where the union argued that the agreement was made in good faith, and was fair and reasonable. The employer contested the application, asserting that certain provisions of the agreement were not fairly and reasonably negotiated and were overly restrictive.

The central legal issue before the Commission was whether the enterprise agreement, as proposed, complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, and if it was fair and reasonable, taking into account the overall nature of the bargaining process, the extent of the parties' bargaining power, and other relevant factors. The Commission also needed to assess whether particular provisions of the agreement were fair and reasonable, and if they were genuinely negotiated between the parties.

In considering the application, the Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement was made in good faith and was fair and reasonable overall. It was satisfied that the agreement was genuinely negotiated and that the union and employer had exercised their bargaining power reasonably. The Commission also concluded that certain provisions, while potentially onerous, were not unfair or unreasonable in the context of the overall agreement and the bargaining process. Accordingly, the application was approved.

The Fair Work Commission approved the Ampelite Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013, with the provisions that were subject to contention deemed fair and reasonable. The agreement was to be registered as a registered agreement under the Fair Work Act 2009, and would be in effect for a period of four years from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established