National Union of Workers

[2013] FWCA 1212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2013/320)

AUSTRALIAN BOTANICAL PRODUCTS AND NATIONAL UNION OF WORKERS AGREEMENT 2012

Pharmaceutical industry
COMMISSIONER ROE	MELBOURNE, 21 FEBRUARY 2013

Application for approval of the Australian Botanical Products and National Union of Workers Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Australian Botanical Products and National Union of Workers Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The agreement is a single-enterprise agreement.

[2] Australian Botanical Products provided a signed undertaking in respect of Clauses 43 and 44 on 20 February 2013 from Neil Garland, Company Secratary. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] The application was not lodged within 14 days after the agreement was made. The reason for the delay was provided with the application and was due to administrative error.

[6] Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[7] 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.

[8] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Australian Botanical Products and the National Union of Workers. The dispute related to the approval of a particular agreement between the two parties, specifically the Australian Botanical Products and National Union of Workers Agreement 2012. This application was heard and determined by the Fair Work Commission of Australia. The central legal issue before the court was whether the agreement in question met the necessary criteria for approval under the Fair Work Act 2009. In particular, the court had to determine if the agreement was in the best interests of the employees and if it contained certain prescribed pay and conditions.

The Fair Work Commission, in its decision, considered several factors in determining whether the agreement should be approved. Firstly, it assessed if the agreement met the requirements for a registered agreement under the Fair Work Act. The court examined the process through which the agreement was made, including the involvement of genuine bargaining between the parties, and whether the agreement was made in good faith. Additionally, the court considered whether the agreement provided appropriate protections for employees, including pay and conditions that were no less favourable than those provided under the relevant award or safety net provisions. The court also took into account any potential benefits or detriments the agreement might have for the employees involved.

Upon careful consideration of the evidence and arguments presented, the Fair Work Commission found that the Australian Botanical Products and National Union of Workers Agreement 2012 met the necessary criteria for approval. The court concluded that the agreement was made through genuine bargaining and in good faith and that it provided adequate protections for employees, including pay and conditions that were no less favourable than the safety net provisions. As a result, the court granted approval for the agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision ensures that the agreement will provide a fair and beneficial framework for the employees involved, while also recognising the rights and obligations of the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established