National Union of Workers Summary

[2018] FWCA 4309

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2018/1046)

TIC (Retail Accessories) Pty Ltd - National Union of Workers Comprehensive Agreement 2018-2019

Storage services
Deputy President Colman	MELBOURNE, 23 JULY 2018

Application for approval of the TIC (Retail Accessories) Pty Ltd - National Union of Workers Comprehensive Agreement 2018 - 2019.

An application has been made for approval of an enterprise agreement known as the TIC (Retail Accessories) Pty Ltd - National Union of Workers Comprehensive Agreement 2018 - 2019 (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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 23 July 2018 and, in accordance with s.54, will operate from 30 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the TIC (Retail Accessories) Pty Ltd - National Union of Workers Comprehensive Agreement 2018 - 2019. The applicant, the National Union of Workers, sought the court's approval of the agreement which was entered into between the union and the employer. The union argued that the agreement was in the best interests of its members and met the necessary criteria for approval under the relevant industrial relations legislation. The employer did not oppose the application.

The primary legal issue before the court was whether the agreement met the requirements for approval under the relevant industrial relations legislation. Specifically, the court had to determine if the agreement was consistent with the objects of the legislation, and if it provided for the protection of employees' interests, including their right to fair wages and conditions. The court also had to consider whether the agreement complied with any relevant public policy considerations, such as ensuring that it did not have an adverse impact on the broader economy or public interest.

In delivering its decision, the court considered the provisions of the agreement and the arguments presented by the parties. The court found that the agreement met the necessary criteria for approval, as it provided for the protection of employees' interests and was consistent with the objects of the legislation. The court also found that the agreement did not have any adverse impact on the broader economy or public interest. The court was satisfied that the agreement was in the best interests of the union's members and approved the application for the agreement's approval.

The court's approval of the agreement ensures that the terms and conditions of employment set out in the agreement will be legally binding on the employer and the employees covered by the agreement. The agreement provides for the protection of employees' interests, including their right to fair wages and conditions, and promotes industrial peace and harmony in the workplace. The approval of the agreement also provides certainty and stability for both the employer and the employees, as it sets out the terms and conditions of employment for the period of the agreement.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established