DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/6972)

FLORSHEIM PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018-2021

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 FEBRUARY 2019

Application for approval of the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Florsheim Pty Ltd & National Union of Workers 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clause 17 is inconsistent with the National Employment Standards as Apprentices are excluded from notice of termination. Given the National Employment Standards precedence clause at clause 8 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for the approval of the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2018-2021. The agreement was submitted by the employer, Florsheim Pty Ltd, and the union, the National Union of Workers. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement complied with the legislative provisions regarding bargaining, terms and conditions of employment, and procedural fairness.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the union, whether it contained all the prescribed terms and conditions, and whether it complied with the procedural requirements. The Commission had to assess the fairness of the agreement's terms and whether it adhered to the principles of the Fair Work Act. The Commission also needed to consider whether any terms were outside the scope of the agreement's coverage and whether they contravened the Act.

The Commission found that the agreement was genuinely negotiated and contained all the required terms. The agreement was deemed to be procedurally fair, and the terms and conditions were found to be reasonable. The Commission concluded that the agreement complied with the statutory requirements and was in the interests of the employees. The Commission approved the Florsheim Pty Ltd & National Union of Workers Enterprise Agreement 2018-2021, effective from 1 July 2018 to 30 June 2021. The decision was made in the interest of ensuring fair and equitable terms and conditions for the employees covered by the 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