Nortruss NT Pty Ltd, Gorrkbuy Industrial Supplies Pty Ltd, BRJ Pty Ltd

[2013] FWCA 3471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nortruss NT Pty Ltd, Gorrkbuy Industrial Supplies Pty Ltd, BRJ Pty Ltd
(AG2013/5971)

NORTRUSS GROUP COLLECTIVE AGREEMENT 2013 - 2017

Retail industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 31 MAY 2013

Application for approval of the Nortruss Group Collective Agreement 2013 - 2017.

[1] An application has been made for the approval of an enterprise agreement known as the Nortruss Group Collective Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] Undertakings have been provided by Nortruss NT Pty Ltd, Gorrkbuy Industrial Supplies Pty Ltd and BRJ Pty Ltd in relation to the nominal expiry date and flexibility term of the Agreement, and the matching of the Agreement’s classifications to hours, overtime, public holiday and pay classes. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2013. The nominal expiry date of the Agreement is 31 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court involved three parties: Nortruss NT Pty Ltd, Gorrkbuy Industrial Supplies Pty Ltd, and BRJ Pty Ltd. The dispute centred on the approval of the Nortruss Group Collective Agreement 2013-2017, a document outlining terms and conditions of employment for employees within the Nortruss Group. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The decision was handed down by Commissioner R A Smith.

The primary legal issues that the court had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was made in good faith. The Fair Work Act sets out the framework for fair and equitable workplace relations in Australia. The court had to consider whether the agreement was consistent with the provisions of the Act, including those relating to the protection of employees' rights and the promotion of fair and efficient industrial relations. Additionally, the court needed to determine if the agreement was genuinely negotiated and not the result of any form of coercion or undue influence.

The court carefully examined the collective agreement, assessing its provisions against the statutory criteria outlined in the Fair Work Act. The Commissioner concluded that the agreement met the legal requirements, as it provided for fair and reasonable terms and conditions of employment. The Commissioner found that the agreement was made in good faith and was not the product of any form of coercion. The court also considered the evidence presented by the parties regarding the negotiation process and found that the agreement was genuinely negotiated between the employer and the employees' representatives. Consequently, the court approved the Nortruss Group Collective Agreement 2013-2017.

The court's final orders were that the Nortruss Group Collective Agreement 2013-2017 be approved and registered under the Fair Work Act. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the Nortruss Group and its employees for the specified period. The approval of the agreement provided certainty and stability for both the employer and the employees, promoting fair and efficient industrial relations within the Nortruss Group.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established