DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/1740)

PUMA AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2017

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JUNE 2017

Application for approval of the Puma Australia Pty Ltd and National Union of Workers Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Puma Australia Pty Ltd and National Union of Workers Collective 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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

[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 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Puma Australia Pty Ltd and the National Union of Workers. The dispute centred on the application for approval of the Collective Agreement between the parties. The Fair Work Commission was the court in this matter. The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and if it complied with the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement met the threshold for coverage and if it provided for the resolution of issues that were relevant to the enterprise.

The Commission examined the process by which the agreement was negotiated and the extent to which it was made in good faith. The Commission also considered whether the agreement contained all the required provisions, including those relating to minimum wages and conditions, and whether it provided for the resolution of any remaining issues between the parties. The Commission found that the agreement was a genuine enterprise agreement that was made in good faith and that it complied with the requirements of the Fair Work Act. The agreement covered a sufficient number of employees and provided for the resolution of relevant issues.

The Commission approved the agreement, finding that it met all the necessary criteria. The agreement was considered to be fair and reasonable, and it provided for the resolution of any remaining issues between the parties. The Commission's decision was based on a detailed analysis of the agreement and the process by which it was negotiated. The Commission found that the agreement was made in good faith and that it complied with all the requirements of the Fair Work Act. The Commission approved the agreement, and it came into effect on the date of the decision.

The final orders of the Commission included the approval of the Puma Australia Pty Ltd and National Union of Workers Collective Agreement 2017, which was to come into effect from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was to be binding on all employees covered by the agreement. The Commission also ordered that any remaining issues between the parties were to be resolved in accordance with the agreement. The decision of the Commission was final and binding on both parties.

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