DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7609)

NATIONAL UNION OF WORKERS - JALNA DAIRY FOODS PTY LTD COLLECTIVE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 10 FEBRUARY 2017

Application for approval of the National Union of Workers - Jalna Dairy Foods Pty Ltd Collective Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the National Union of Workers - Jalna Dairy Foods Pty Ltd Collective Agreement 2016-2019 (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] 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. 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 February 2017 and, in accordance with s.54, will operate from 17 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers sought approval of a collective agreement made with Jalna Dairy Foods Pty Ltd for the period 2016 to 2019. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement had been made in good faith, whether it contained only matters that could be the subject of a lawful agreement, and whether it complied with the procedural requirements set out in the Act.

The Commission examined the process by which the agreement was negotiated and concluded that the union and the employer had engaged in good faith bargaining. The agreement was found to contain only lawful matters, including provisions for wages, hours of work, and other employment conditions. The procedural requirements, such as providing copies of the agreement to employees and the union, were also satisfied. The Commission determined that the agreement met all the statutory criteria and granted approval, emphasising the importance of fair and lawful agreements in promoting harmonious workplace relations.

The Fair Work Commission approved the collective agreement, highlighting the importance of lawful and good faith negotiations in fostering stable and productive employment relationships. The decision underscores the Commission's role in ensuring that collective agreements are fair and meet the legislative standards set out in the Fair Work Act. The approval of this agreement supports the ongoing efforts to balance the rights and interests of employers and employees within the Australian industrial relations framework.

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