National Union of Workers

[2013] FWCA 308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2012/13150)

STOKES (AUSTRALASIA) LIMITED & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 JANUARY 2013

Application for approval of the Stokes (Australasia) Limited & National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Stokes (Australasia) Limited & 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 the 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] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The 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 22 January 2012. The nominal expiry date of the Agreement is 20 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Stokes (Australasia) Limited and the National Union of Workers, with the primary issue being the approval of the Enterprise Agreement 2012. The application for approval was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria under the Fair Work Act 2009.

The court was required to assess several key legal issues, including whether the agreement was genuinely negotiated, whether it contained the required provisions for employee protections, and whether it adhered to the provisions of the Fair Work Act. Furthermore, the court needed to evaluate whether the agreement provided for appropriate dispute resolution mechanisms and whether it included the mandated minimum entitlements for employees.

In its decision, the court found that the Enterprise Agreement 2012 was genuinely negotiated between the parties and included all the necessary provisions as required by the Fair Work Act. The agreement was deemed to provide adequate protections for employees and included appropriate mechanisms for dispute resolution. The court also confirmed that the agreement met the criteria for approval, including the provision of minimum entitlements. Consequently, the court granted approval for the agreement, recognising it as a valid and enforceable enterprise agreement under the Act.

The final orders of the court mandated that the Enterprise Agreement 2012 be approved and registered, effective from the date of the decision. The agreement was to be binding on all parties involved, and it was to remain in effect until such time as it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established