OfficeMax Australia Limited Summary

[2014] FWCA 1818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OfficeMax Australia Limited
(AG2014/3939)

OFFICEMAX TASMANIA EMPLOYEE ENTERPRISE AGREEMENT 2014 - 2016

Tasmania
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 19 MARCH 2014

Application for approval of the OfficeMax Tasmania Employee Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the OfficeMax Tasmania Employee Enterprise Agreement 2014 - 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2014. The nominal expiry date of the Agreement is 25 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OfficeMax Australia Limited recently applied to the Fair Work Commission (FWC) for approval of the OfficeMax Tasmania Employee Enterprise Agreement 2014-2016. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in terms of minimum entitlements for employees. The FWC was tasked with determining whether the agreement met the requirements for modern awards and whether it contained any unfair terms that would render it unlawful.

The central legal issue before the FWC was whether the proposed enterprise agreement complied with the statutory framework set out in the Fair Work Act. Specifically, the FWC had to assess whether the agreement provided for minimum entitlements in accordance with the relevant modern award, and whether any terms were contrary to the provisions of the Act. Additionally, the FWC needed to consider whether the agreement contained any unfair terms that would render it unenforceable.

The FWC examined the agreement in detail, focusing on the provisions regarding wages, conditions, and other employment terms. The Commission found that the agreement provided for minimum entitlements that were consistent with the relevant modern award. It also determined that none of the terms were contrary to the Act and that there were no unfair terms present in the agreement. Consequently, the FWC approved the OfficeMax Tasmania Employee Enterprise Agreement 2014-2016, finding it to be compliant with the statutory requirements.

As a result of the FWC's determination, the OfficeMax Tasmania Employee Enterprise Agreement 2014-2016 was approved, and it will now govern the employment terms and conditions for the relevant employees. This outcome provides certainty for both the employer and employees, ensuring that the agreement is legally sound and enforceable under the Fair Work Act.

OfficeMax Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established