National Union of Workers Summary

[2013] FWCA 3598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/961)

APPLIED AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 JUNE 2013

Application for approval of the Applied Australia Pty Ltd and National Union of Workers Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Applied Australia Pty Ltd and National Union of Workers Collective Agreement 2012 (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 clause 32.2.2 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] 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 30 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE401641 PR537589>
APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Applied Australia Pty Ltd and National Union of Workers Collective Agreement 2012. The applicant, the National Union of Workers, sought approval for the collective agreement on the basis that it met the requirements of the Fair Work Act 2009. The respondent, Applied Australia Pty Ltd, opposed the application on several grounds, primarily arguing that the agreement did not comply with certain provisions of the Act.

The primary legal issues for the Commission to determine were whether the collective agreement met the statutory requirements for approval, particularly under section 230 of the Act, which sets out the criteria for a registered organisation to apply for approval of a collective agreement. Specifically, the Commission had to assess whether the agreement was consistent with the objects of the Act, and whether it contained terms that were in breach of any provisions of the Act or the regulations.

In delivering its decision, the Commission carefully considered the provisions of the Act and the terms of the collective agreement. The Commission found that while the agreement contained several provisions that were consistent with the objects of the Act, certain terms did contravene specific provisions of the Act. The Commission noted that these terms related to the classification of employees and the rates of pay, which were not aligned with the relevant industrial instruments. As a result, the Commission determined that the agreement did not meet the criteria for approval under section 230 of the Act.

Consequently, the Fair Work Commission dismissed the application for approval of the collective agreement. The decision emphasised the importance of compliance with the Act in the drafting and negotiation of collective agreements, highlighting that any terms which do not align with the statutory framework will prevent an agreement from being approved. The Commission's decision underscored the need for registered organisations and employers to ensure that their agreements are carefully scrutinised to avoid non-compliance issues.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established