DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7421)

HUNTER LEISURE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2016 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 14 February 2017. The nominal expiry date of the Agreement is 1 July 2019.

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 Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2016. Hunter Leisure Pty Ltd contested the application on the basis that the agreement did not meet the 'better off overall test' as required by section 234 of the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, which was required to determine whether the agreement was fair and reasonable, and met the statutory requirements for approval.

The Commission considered the evidence presented by both parties and examined the terms and conditions of the agreement. The key legal issues were whether the agreement provided for a fair and reasonable outcome for the employees and whether it met the 'better off overall test' as stipulated in the Fair Work Act. The Commission also had to determine whether the agreement was consistent with the principles of enterprise bargaining and whether it provided for a fair and efficient system of dispute resolution.

The Full Bench of the Fair Work Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. The Commission determined that the agreement provided for a fair and reasonable outcome for the employees and met the 'better off overall test'. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and provided for a fair and efficient system of dispute resolution. The application for approval of the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2016 was therefore approved by the Full Bench of the Fair Work Commission.

The Fair Work Commission made orders approving the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2016. The agreement was approved as a registered agreement under the Fair Work Act 2009, and the terms and conditions set out in the agreement became legally binding on the parties. The Commission also made orders for the agreement to be registered and published on the Fair Work Commission's website. The decision of the Full Bench of the Fair Work Commission was final and binding on the 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