DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7727)

WAPROO PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 MARCH 2017

Application for approval of the Waproo Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Waproo Pty Ltd Enterprise Agreement 2014 (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. 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 3 April 2017. The nominal expiry date of the Agreement is 31 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The National Union of Workers applied to the Fair Work Commission for approval of the Waproo Pty Ltd Enterprise Agreement 2014. The agreement was entered into between Waproo Pty Ltd and the Union, and the Union sought to have the agreement registered on the Register of Approved Agreements. The dispute involved the terms and conditions of employment for workers at Waproo Pty Ltd, and the Union argued that the agreement was fair and reasonable.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a safety net of minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission considered submissions from both parties, as well as evidence and arguments regarding the bargaining process and the terms of the agreement.

The Commission found that the agreement met the requirements of the Act and was fair and reasonable. The Commission noted that the agreement provided for a safety net of minimum terms and conditions, and that the bargaining process was conducted in good faith and without coercion. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and addressing workplace issues. As a result, the Commission approved the agreement and registered it on the Register of Approved Agreements.

The Commission's decision was based on a detailed analysis of the agreement and the bargaining process, and the Commission's findings on the legal issues before it. The Union's application for approval of the agreement was successful, and the agreement is now registered and in effect for the workers at Waproo Pty Ltd.

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