DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OfficeMax Australia Limited
(AG2017/3916)

OFFICEMAX AUSTRALIA LIMITED - ENTERPRISE AGREEMENT NEW SOUTH WALES 2017 - 2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 OCTOBER 2017

Application for approval of the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OfficeMax Australia Limited. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 25 October 2017. The nominal expiry date of the Agreement is 17 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

OfficeMax Australia Limited applied to the Fair Work Commission for approval of the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2017-2019. The applicant is an employer of office supplies retail staff in New South Wales. The dispute arose from negotiations for a new enterprise agreement between the employer and the employees' union. The Fair Work Commission is the body with jurisdiction to approve such agreements.

The key legal issue was whether the agreement was in the public interest. The Commission considered whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. The Commission examined the agreement's provisions on wages, hours of work, leave, and other terms and conditions of employment. It also considered the parties' bargaining positions, the agreement's impact on employees, and whether the agreement complied with the Fair Work Act.

The Commission found that the agreement met the criteria for approval. It determined that the agreement was in the public interest as it provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement provided for a reasonable balance between the interests of the employer and the employees. It also found that the agreement did not have any adverse effects on the broader economy or on the industrial relations system.

The Fair Work Commission approved the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2017-2019. The agreement will now be registered and enforceable under the Fair Work Act. The parties are bound by the terms and conditions set out in the agreement for the duration of its operation.

OfficeMax Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established