National Union of Workers

[2017] FWCA 5726

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2017/3369)

Globe International Limited and National Union OF Workers Enterprise Agreement 2017

Storage services
Commissioner Harper-Greenwell	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Globe International Limited and National Union of Workers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Globe International Limited and National Union of Workers Enterprise Agreement 2017 (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 Applicant 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Globe International Limited and National Union of Workers Enterprise Agreement 2017. The National Union of Workers brought the application on behalf of its members who are employees of Globe International Limited, seeking to have the enterprise agreement registered with the Fair Work Commission. The dispute centred around the compliance of the agreement with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues before the court were whether the enterprise agreement met the requirements for registration under the Fair Work Act, including whether it contained all the mandated terms and conditions, whether it complied with the procedural requirements for registration, and if it provided for genuine bargaining between the employer and the employees' representative. The court also needed to determine if the agreement was made in good faith and if it was fair and reasonable in all its terms.

The court examined the enterprise agreement clause by clause, ensuring it contained all the mandatory terms as prescribed by the Fair Work Act. It found that the agreement was comprehensive and included all required terms, such as minimum wages, penalty rates, and other employment conditions. The court also assessed whether the agreement was the product of genuine bargaining, and found that there was evidence of a genuine negotiation process between the parties. Furthermore, the court concluded that the agreement was fair and reasonable in all its terms and did not contravene any provisions of the Act. Consequently, the court approved the enterprise agreement, allowing it to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established