National Union of Workers

[2013] FWCA 741

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2012/13033)

BOHLER UDDEHOLM (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2013

Application for approval of the Bohler Uddeholm (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Bohler Uddeholm (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2012 (the Agreement). The application was made by the National Union of Workers pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, 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.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 8 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 applicant, Bohler Uddeholm (Australia) Pty Ltd, sought approval of an enterprise agreement with the National Union of Workers, pursuant to section 173 of the Fair Work Act 2009. The union did not oppose the application, but raised concerns about certain provisions. The case was heard in the Fair Work Commission.

The central legal issue was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This required consideration of whether the agreement provided for a fair and efficient workplace, and whether it complied with the "better off overall test" which ensures employees are not worse off financially under the agreement compared to their previous conditions. The court also had to examine the union's concerns regarding specific provisions, including the handling of grievances and the impact on employee entitlements.

The Fair Work Commission found that the agreement was fair and efficient, and that employees would not be worse off financially. The court considered the parties' submissions and evidence, and concluded that the agreement met the statutory requirements. The union's concerns were addressed by specific amendments to the agreement, ensuring that employees' rights and entitlements were protected. The court approved the enterprise agreement, subject to the modifications made to address the union's concerns.

The Fair Work Commission approved the Bohler Uddeholm (Australia) Pty Ltd and National Union of Workers Enterprise Agreement 2012, with the modifications made to address the union's concerns. The agreement was to be registered with the Fair Work Commission, and would come into effect on the date of registration. The decision was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established