National Union of Workers

[2013] FWCA 1484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/236)

FUTURIS & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 MARCH 2013

Application for approval of the Futuris & National Union of Workers Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Futuris & National Union of Workers Enterprise 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 31.1 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 15 March 2013.The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

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<Price code G, AE400204 PR534667>APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the National Union of Workers for approval of the Futuris & National Union of Workers Enterprise Agreement 2012. The agreement related to a group of employees employed by Futuris in the telecommunications industry. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from prohibited content, and if the bargaining process leading to the agreement was genuine. Additionally, the Commission considered whether the agreement provided for procedural fairness and met the "better off overall test."

The Fair Work Commission found that the enterprise agreement complied with all the mandatory terms and was free from prohibited content. The Commission determined that the bargaining process was genuine, as evidenced by the extensive negotiations and the union's endorsement. The agreement was also found to provide for procedural fairness and met the better off overall test, as it offered employees improved wages, conditions, and other benefits. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Futuris & National Union of Workers Enterprise Agreement 2012, finding it to be in compliance with all legal requirements under the Fair Work Act. The agreement was therefore registered and became legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established