DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7961)

AGFA-GEVAERT LIMITED NATIONAL COMPREHENSIVE AGREEMENT 2017

Storage services
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the Agfa-Gevaert Limited National Comprehensive Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Agfa-Gevaert Limited National Comprehensive 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 9 March 2017. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, the National Union of Workers, applied for the approval of the Agfa-Gevaert Limited National Comprehensive Agreement 2017. The respondent, Agfa-Gevaert Limited, opposed the approval. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement was a lawful and appropriate means of regulating the employment conditions of the parties involved.

In determining whether the agreement was appropriate, the Commission considered various factors, including the nature of the bargaining process, the fairness of the agreement, and the compliance with relevant legislative provisions. The Commission noted that the agreement had been negotiated in good faith and covered a broad range of employment terms and conditions. The Commission also examined the specific provisions of the agreement to ensure they did not contravene any provisions of the Fair Work Act 2009.

Upon reviewing the evidence and arguments presented by both parties, the Commission concluded that the proposed agreement was appropriate and met the necessary criteria for approval. The Commission found that the agreement had been negotiated in good faith and represented a fair and reasonable outcome for both parties. The Commission also determined that the agreement complied with all relevant legislative provisions and did not contain any provisions that would be contrary to public policy.

Accordingly, the Fair Work Commission approved the Agfa-Gevaert Limited National Comprehensive Agreement 2017. The agreement is now legally binding on the parties and will govern the employment conditions of the relevant workforce.

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