DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/5452)

STOLTHAVEN AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Stolthaven Australia Pty Ltd & National Union of Workers Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stolthaven Australia Pty Ltd & National Union of Workers Collective 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. 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 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 6 December 2016 and, in accordance with s.54, will operate from 13 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 case involved an application for the approval of a collective agreement between Stolthaven Australia Pty Ltd and the National Union of Workers. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions regarding enterprise agreements and if it adhered to the public interest considerations outlined in the Act.

The Commission examined the agreement clause by clause, considering whether each provision was in line with the legislative framework. It was crucial that the agreement did not contain terms that were contrary to public policy or the broader public interest. Additionally, the Commission assessed whether the agreement was genuinely negotiated between the parties and whether it provided adequate protections for employees. The Commission found that the agreement largely met the statutory requirements for approval. It concluded that the terms of the agreement were fair and reasonable and did not contravene any public interest considerations.

In light of the findings, the Commission approved the collective agreement, noting its compliance with the legislative framework and its adherence to fair and reasonable standards. The approval was based on the Commission's determination that the agreement met the necessary criteria and would not lead to adverse outcomes for employees or the public. The decision underscores the importance of thorough scrutiny of collective agreements to ensure they align with statutory requirements and promote fair industrial relations practices.

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