DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OfficeMax Australia Limited
(AG2016/5071)

OFFICEMAX AUSTRALIA LIMITED TASMANIAN EMPLOYEE ENTERPRISE AGREEMENT 2016-2018

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 6 October 2018.

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 the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018. The application was contested by the Tasmanian Branch of the Shop, Distributive and Allied Employees Association (SDA). The primary dispute was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of minimum entitlements and the process by which the agreement was made.

The legal issues before the court involved the interpretation of the Fair Work Act and the requirements for an enterprise agreement to be considered "independent" and "freely" negotiated. The court had to determine if the agreement was made without any duress, undue influence, or coercion and if it provided for the minimum entitlements prescribed by the Act. Additionally, the court had to consider the procedural fairness in the negotiation and approval process of the agreement.

The court found that the agreement was made independently and without any coercion, undue influence, or duress. It also confirmed that the agreement provided for all the minimum entitlements required by the Fair Work Act. The court further determined that the process by which the agreement was negotiated and approved was fair and did not contravene any provisions of the Act. The court was satisfied that the agreement met all the statutory requirements for approval.

As a result, the Fair Work Commission approved the OfficeMax Australia Limited Tasmanian Employee Enterprise Agreement 2016-2018. The SDA’s objections were dismissed, and the agreement was certified as meeting the necessary criteria under the Fair Work Act.

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