DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OfficeMax Australia Limited
(AG2015/7519)

OFFICEMAX AUSTRALIA LIMITED - ENTERPRISE AGREEMENT NEW SOUTH WALES 2015-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the OFFICEMAX AUSTRALIA LIMITED - ENTERPRISE AGREEMENT NEW SOUTH WALES 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the OFFICEMAX AUSTRALIA LIMITED - ENTERPRISE AGREEMENT NEW SOUTH WALES 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OfficeMax 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. 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 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.

[4] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 16 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

OfficeMax Australia Limited, an employer, sought approval for the OfficeMax Australia Limited – Enterprise Agreement New South Wales 2015-2016 from the Fair Work Commission. The application arose as a result of a dispute between the employer and the relevant union, which represented employees in the agreement's coverage. The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Commission began by assessing whether the agreement was a "good faith" bargaining outcome, a fundamental requirement under the Fair Work Act. The Commission examined the process by which the agreement was negotiated and whether it was conducted in a manner that was fair and transparent. Additionally, the Commission evaluated the terms and conditions of the agreement, including provisions on wages, hours of work, and other employment conditions. It was necessary to determine if these terms were consistent with the principles of the Act and if they provided fair and reasonable outcomes for employees. The Commission also considered submissions from both parties and any relevant evidence that might influence its decision.

After careful consideration, the Commission found that the agreement was the product of good faith bargaining and contained terms and conditions that were fair and reasonable. The Commission noted that the negotiation process had been transparent and that both parties had engaged constructively. Furthermore, the agreement's terms aligned with the principles of the Fair Work Act and provided for fair and equitable outcomes for employees. Consequently, the Commission approved the OfficeMax Australia Limited – Enterprise Agreement New South Wales 2015-2016, endorsing it as a fair and effective framework for the employment of covered employees.

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