DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/6096)

STAPLES AUSTRALIA PTY LIMITED, TURNER STREET DISTRIBUTION CENTRE, ENTERPRISE PARTNERSHIP AGREEMENT 2016-2018

Storage services
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the Staples Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Limited, Turner Street Distribution Centre, Enterprise Partnership Agreement 2016-2018 (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 28 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were the National Union of Workers (the union) and Staples Australia Pty Limited (the employer). The dispute centred on the application for approval of an Enterprise Partnership Agreement (EPA) for the Turner Street Distribution Centre, covering the period from 2016 to 2018. The Fair Work Commission (FWC) was the court that heard the case. The union sought approval of the EPA, which was intended to establish a partnership between the union and the employer, aiming to enhance productivity and workplace relations.

The legal issues before the FWC included whether the EPA met the statutory requirements for approval, whether the agreement was genuinely negotiated, and whether it provided adequate protections for employees. A significant aspect of the case was the FWC's consideration of whether the agreement was a genuine partnership, as opposed to a mere formality, and whether it provided sufficient safeguards for employees’ rights and conditions. The FWC also examined the process by which the EPA was negotiated to ensure that it complied with the relevant provisions of the Fair Work Act 2009.

The FWC found that the EPA met the statutory criteria for approval. It determined that the agreement was genuinely negotiated and provided adequate protections for employees. The FWC noted that the EPA included provisions for consultation and communication between the union and the employer, as well as mechanisms for resolving disputes. Furthermore, the FWC was satisfied that the agreement provided reasonable terms and conditions for employees, including provisions for minimum wages, leave entitlements, and other workplace rights. The FWC approved the EPA, recognising it as a genuine partnership agreement that would benefit both the employer and the employees.

The final orders of the FWC were that the EPA be approved and registered. The union and the employer were directed to comply with the terms of the agreement, which included the establishment of a joint consultative committee to oversee the implementation and operation of the EPA. The FWC also ordered that the union and the employer must provide each other with any necessary information or assistance to facilitate the effective operation of the agreement. This decision underscores the importance of genuine negotiation and adequate protections in the approval of EPAs under the Fair Work Act 2009.

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