DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7330)

ENSIGN LABORATORIES AND NUW ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Ensign Laboratories and NUW Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Laboratories and NUW Enterprise 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.

[3] Ensign Laboratories (the employer) made a request to keep the rates of pay confidential. The National Union of Workers has indicated they do not have an objection with this request. The company provided a detailed submission concerning the particular circumstances of the company which I was satisfied established special circumstances justifying keeping the rates confidential. I am satisfied that there are exceptional circumstances which justify keeping the rates confidential.

[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 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the National Union of Workers (NUW) for approval of the Ensign Laboratories and NUW Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission, an Australian workplace relations tribunal. The dispute centred on whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009 and fairness to employees.

The central legal issues were whether the agreement was a "better off overall test" compliant and whether it complied with the "good faith" requirement. The former requires that employees be no worse off financially than under their previous conditions, while the latter mandates that negotiations be conducted in good faith. The court also had to consider whether the agreement contained all required terms and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement met the better off overall test, as it provided employees with improved conditions, including pay rises and additional leave entitlements, without adversely affecting other terms. The court determined that the negotiation process was conducted in good faith, as evidenced by the willingness of both parties to engage in discussions and compromise. The agreement was found to include all necessary terms and provided for adequate dispute resolution mechanisms. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission's decision was to approve the Ensign Laboratories and NUW Enterprise Agreement 2016-2019, affirming its compliance with the Fair Work Act 2009 and the good faith requirement. The court's approval ensures that the agreement will govern the employment conditions of Ensign Laboratories' employees for the specified period.

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