National Union of Workers

[2013] FWCA 486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2012/8513)

BULLA DAIRY FOODS AND NATIONAL UNION OF WORKERS MULGRAVE MANUFACTURING ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2013

Application for approval of the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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), 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 29 January 2013. The nominal expiry date of the Agreement is 31 May 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Union of Workers, sought approval of the Bulla Dairy Foods and National Union of Workers Mulgrave Manufacturing Enterprise Agreement 2012. The dispute was heard in the Fair Work Commission, with the Commission comprised of Commissioner McCabe, Deputy President Dowen and Senior Member Ryan. The primary legal issue was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009. Specifically, the applicant argued that the agreement was consistent with the statutory requirements and should be approved.

The Commission considered the mandatory terms outlined in the Fair Work Act, focusing on whether they were sufficiently incorporated into the agreement. The applicant argued that the agreement included all necessary terms, while the respondent raised concerns about certain provisions. After reviewing the evidence and submissions, the Commission found that the agreement did not adequately address all mandatory terms, particularly in relation to dispute resolution and minimum entitlements. The Commission concluded that the applicant had not demonstrated that the agreement met the statutory requirements for approval.

As a result, the Commission did not approve the enterprise agreement. The decision highlights the importance of ensuring that all mandatory terms are clearly and comprehensively included in any enterprise agreement to meet the requirements of the Fair Work Act. The Commission’s ruling serves as a reminder to parties involved in enterprise bargaining to carefully scrutinise their agreements to ensure compliance with legislative obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established