DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7281)

ADVANCE CABLES PTY LTD - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the matter before the Fair Work Commission were Advance Cables Pty Ltd and the National Union of Workers. The union applied for the approval of the Enterprise Agreement between the two parties for the period 2014 to 2016. The application was made under section 233 of the Fair Work Act 2009, and the dispute centred on the fairness and procedural correctness of the agreement. The court was required to determine whether the agreement met the legal requirements for approval and if the necessary processes were followed during its negotiation and conclusion.

The primary legal issues that the court needed to address were whether the agreement complied with the statutory criteria for approval and if it was made in good faith. The court also had to consider whether the agreement was free from any illegality or unfairness. Moreover, the court examined if the union had adequately represented its members and if the employer had provided genuine opportunities for negotiation. Additionally, the court had to ensure that the agreement was made without coercion or duress and that the parties had followed the appropriate procedural steps.

After examining the evidence and submissions, the court found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement was made in good faith, was free from any illegality or unfairness, and was not the result of coercion or duress. The court also found that the union had adequately represented its members and that the employer had provided genuine opportunities for negotiation. Furthermore, the court confirmed that the agreement was made in compliance with the statutory requirements and that the necessary procedural steps were followed. Consequently, the court approved the Advance Cables Pty Ltd - National Union of Workers Enterprise Agreement 2014-2016.

The final orders of the court were that the Enterprise Agreement between Advance Cables Pty Ltd and the National Union of Workers for the period 2014-2016 be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until superseded by a new agreement or until terminated in accordance with its provisions. The court also ordered that any disputes arising from the interpretation or application of the agreement would be resolved in accordance with the procedures set out in the agreement or, failing that, by the Fair Work Commission.

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