OfficeMax

[2013] FWCA 8033

FAIR WORK COMMISSION

DECISION

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

OfficeMax
(AG2013/10707)

OFFICEMAX AUSTRALIA LIMITED - MULGRAVE AND NATIONAL UNION OF WORKERS AGREEMENT 2013 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 14 OCTOBER 2013

Application for approval of the OfficeMax Australia Limited - Mulgrave and National Union of Workers Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the OfficeMax Australia Limited - Mulgrave and National Union of Workers Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OfficeMax (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 October 2013. On 10 October 2013 I received a signed undertaking in response to the queries from Katrina Anderson, HR Business Manager of OfficeMax. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OfficeMax Australia Limited applied to the Fair Work Commission for approval of an enterprise agreement with the National Union of Workers. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for registration and approval. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act.

The central legal issue before the Commission was whether the agreement contained the necessary terms and conditions to be approved, including provisions on minimum wages, penalty rates, and other employment standards. The Commission also needed to determine if the agreement was made in good faith and whether it provided for the appropriate resolution of disputes. The Commission had to ensure the agreement complied with the mandatory provisions set out in the Act, such as the requirement for paid parental leave.

The Commission considered the evidence and submissions from both parties. It found that the agreement did meet the necessary requirements under the Fair Work Act, as it contained provisions for minimum wages, penalty rates, and other employment standards. The Commission was satisfied that the agreement was made in good faith and included appropriate mechanisms for resolving disputes. The Commission concluded that the agreement complied with all mandatory provisions and was in the best interests of the employees.

The Fair Work Commission approved the OfficeMax Australia Limited - Mulgrave and National Union of Workers Agreement 2013 - 2016, registering it as a certified agreement. This decision provided legal certainty for both parties and ensured that the employees were covered by a fair and reasonable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established