DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/371)

IWD PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018 - 2020

Wool storage, sampling and testing industry
COMMISSIONER WILLIAMS	PERTH, 13 MAY 2019

Application for approval of the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the IWD Pty Ltd and National Union of Workers Enterprise Agreement 2018 – 2020 (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 20 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers, acting on behalf of its members, sought approval of an enterprise agreement with IWD Pty Ltd for the period 2018-2020. The Fair Work Commission, the body responsible for approving such agreements, was tasked with determining whether the agreement met the necessary criteria for approval. The primary issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009.

The Commission examined several key aspects of the agreement, including whether it was made in good faith, the process by which it was negotiated, and whether it met the criteria for being a simplified procedure agreement. Additionally, the Commission had to assess if the agreement was free from any unfair content, as per the provisions of the Act. The Union argued that the agreement was made in good faith and followed a fair negotiation process. They also contended that the agreement did not contain any unfair content and was compliant with the Act. Conversely, IWD Pty Ltd raised concerns about the fairness of certain provisions and the process by which the agreement was negotiated.

After a thorough examination of the evidence and arguments presented, the Commission determined that the agreement was made in good faith and followed a fair negotiation process. It was also found that the agreement did not contain any unfair content. The Commission approved the application for the enterprise agreement to be registered, noting that it met all the necessary criteria under the Act. The Union's members will now be bound by the terms and conditions outlined in the approved agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established