DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2019/325)

THE DÉCOR CORPORATION PTY LTD AND NATIONAL UNION OF WORKERS COMPREHENSIVE ENTERPRISE AGREEMENT 2018 - 2021

Storage services
COMMISSIONER WILSON	MELBOURNE, 3 APRIL 2019

Application for approval of the Decor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Decor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the National Union of Workers for the approval of the Decor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2018 - 2021. The dispute centred on the procedural fairness and the terms and conditions outlined within the proposed enterprise agreement. The Fair Work Commission was tasked with examining whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission involved determining whether the agreement was genuinely negotiated and whether it complied with the formal requirements for approval. The Commission also had to assess whether the agreement met the ‘better off overall test’ and whether it was made without any improper influence or coercion. Additionally, the Commission needed to decide if the agreement appropriately balanced the interests of the employees and the employer.

In its decision, the Commission found that the agreement had been genuinely negotiated and met all the formal requirements for approval. The terms and conditions of the agreement were deemed to be fair and reasonable, satisfying the ‘better off overall test’. The Commission was satisfied that the agreement was not made under any improper influence or coercion and appropriately balanced the interests of both parties. As a result, the Fair Work Commission approved the Decor Corporation Pty Ltd and National Union of Workers Comprehensive Enterprise Agreement 2018 - 2021. The agreement was to be registered and would apply to the employees of Decor Corporation Pty Ltd for the period from 1 January 2018 to 31 December 2021.

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