DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/2862)

AUSTCO POLAR COLD STORAGE & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Austco Polar Cold Storage & 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 the National Union of Workers. The Agreement is a single enterprise agreement.

[2] 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.

[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 29 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant union, National Union of Workers, sought approval of the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2017. The applicant employer, Austco Polar Cold Storage, opposed the application. The dispute was heard in the Fair Work Commission. The key issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The employer argued that the agreement did not meet the good faith bargaining test and was not in the best interests of the employees. The union submitted that the agreement was the product of genuine negotiations and was in the best interests of the employees.

The Commission examined the bargaining process and found that the agreement was the product of genuine negotiations. The Commission noted that the parties had engaged in a series of meetings and negotiations over an extended period of time. The Commission was satisfied that the agreement was not imposed on the employees and that the union had acted in good faith. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including pay increases, improved leave entitlements and better working conditions. The employer's opposition to the agreement was based on concerns about the financial impact on the business, but the Commission found that these concerns did not outweigh the benefits to the employees.

Following its analysis, the Commission approved the agreement, finding that it met the requirements of the Act. The employer's objections were dismissed. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees. The Commission also noted that the agreement was consistent with the principles of the national workplace relations system.

The Commission made an order approving the Austco Polar Cold Storage & National Union of Workers Enterprise Agreement 2017. The agreement is now registered and binding on the parties. The employer is required to comply with the terms of the agreement, and the employees are entitled to the benefits provided for in the agreement. The union is also entitled to take any necessary action to ensure that the employer complies with the agreement. The decision provides clarity on the requirements for approving an enterprise agreement and the importance of genuine negotiations and good faith bargaining in the workplace relations system.

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