DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2017/3825)

CHEM-SUPPLY ENTERPRISE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 OCTOBER 2017

Application for approval of the Chem-Supply Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chem-Supply 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 the 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, 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.

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

[5] The Agreement was approved on 17 October 2017 and, in accordance with s.54, will operate from 24 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Chem-Supply Enterprise Agreement 2017 by the National Union of Workers before the Fair Work Commission. The Chem-Supply Enterprise Agreement was a proposed agreement between Chem-Supply and its employees, aimed at setting out the terms and conditions of employment. The National Union of Workers sought the approval of the agreement, which would allow it to be binding on all employees covered by the agreement. The dispute arose because certain provisions of the proposed agreement were deemed to be unfair, and the union argued that the agreement should be approved as it provided for a fair and reasonable balance of outcomes for both employees and employers.

The legal issues before the court included whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The court was required to consider whether the agreement was in the public interest, whether it provided for a fair and reasonable balance of outcomes for employees and employers, and whether it complied with any relevant legislative provisions. The court was also required to consider whether the agreement was consistent with the principles of the National Workplace Relations System and whether it provided for appropriate dispute resolution mechanisms.

The court found that the proposed agreement did not meet the statutory requirements for approval. The court identified several provisions in the agreement that were inconsistent with the principles of the National Workplace Relations System, and which provided for outcomes that were not fair and reasonable for employees. The court also found that the agreement did not provide for appropriate dispute resolution mechanisms, and that it was not in the public interest to approve the agreement. As a result, the court refused to approve the proposed agreement. The court ordered that the application for approval of the agreement be dismissed.

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