Officemax Australia T/A Officemax Summary

[2013] FWCA 5650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Officemax Australia T/A Officemax
(AG2013/7513)

OFFICEMAX AUSTRALIA LIMITED ENTERPRISE AGREEMENT NEW SOUTH WALES 2013-2015

Storage services
COMMISSIONER GREGORY	MELBOURNE, 13 AUGUST 2013

Application for approval of the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 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 is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 1 April 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Officemax Australia T/A Officemax brought an application before the Fair Work Commission to approve the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2013 - 2015. The application was opposed by the Office Employees Union of Australia. The dispute involved the terms and conditions of employment for OfficeMax employees in New South Wales, including wages, working hours, and other workplace matters. The central issue was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009.

The Commission examined whether the agreement provided for fair and reasonable terms and conditions, ensuring the parties had genuinely negotiated the terms. The Office Employees Union of Australia argued that the agreement did not adequately protect employee interests, particularly regarding wages and conditions. The Commission considered the bargaining positions of the parties, the nature of the agreement, and whether it provided for a fair and reasonable outcome for both employees and employers. The Officemax Australia T/A Officemax maintained that the agreement was the result of genuine bargaining and provided for fair and reasonable terms.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the OfficeMax Australia Limited - Enterprise Agreement New South Wales 2013 - 2015 met the necessary standards for approval. The Commission was satisfied that the agreement had been genuinely negotiated and provided for fair and reasonable terms and conditions for employees. The application was approved, and the enterprise agreement was registered under the Fair Work Act 2009.

Officemax Australia T/A Officemax

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established