National Union of Workers; Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct

[2014] FWCA 2363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers; Stay in Bed Milk and Bread Pty Ltd T/A Aussie Farmers Direct
(AG2014/5157)

AUSSIE FARMERS DIRECT AND NATIONAL UNION OF WORKERS CLAYTON DEPOT ENTERPRISE AGREEMENT 2014-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 8 APRIL 2014

Application for approval of the Aussie Farmers Direct and National Union of Workers Clayton Depot Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Farmers Direct and National Union of Workers Clayton Depot 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 Stay in Bed Milk and Bread Pty ltd T/A Aussie Farmers Direct & National Union of Workers (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2014. The nominal expiry date of the Agreement is 8 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Stay in Bed Milk and Bread Pty Ltd trading as Aussie Farmers Direct and the National Union of Workers, the Fair Work Commission was tasked with approving an enterprise agreement between the two parties. The Clayton Depot Enterprise Agreement for the years 2014-2016 was the subject of the application. The dispute revolved around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement was a genuine enterprise agreement and if it adhered to the procedural requirements outlined in the Fair Work Act. This included assessing whether the agreement was negotiated in good faith, provided for a genuine enterprise, and was free from any coercive conduct. Additionally, the court needed to examine if the agreement contained terms and conditions that were fair and reasonable, and if it complied with any relevant minimum standards prescribed by the Fair Work Regulations.

In delivering its decision, the Fair Work Commission found that the Clayton Depot Enterprise Agreement 2014-2016 was a genuine enterprise agreement that met all the necessary criteria. The court highlighted that the agreement was the product of genuine negotiations between the parties, covered a specific enterprise, and contained terms and conditions that were fair and reasonable. The agreement also complied with all relevant minimum standards, and no coercive conduct was found during the negotiation process. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission made orders approving the Clayton Depot Enterprise Agreement 2014-2016 between Stay in Bed Milk and Bread Pty Ltd trading as Aussie Farmers Direct and the National Union of Workers. The agreement was to be registered and would come into effect as of the date of the decision, provided no appeal was lodged within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established