Officeworks Business Direct Pty Ltd; National Union of Workers Summary

[2013] FWCA 7965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Officeworks Business Direct Pty Ltd; National Union of Workers
(AG2013/9605)

OFFICEWORKS CUSTOMER FULFILMENT CENTRE NATIONAL UNION OF WORKERS AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 10 OCTOBER 2013

Application for approval of the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Officeworks Business Direct Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act 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 17 October 2013. The nominal expiry date of the Agreement is 1 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Officeworks Business Direct Pty Ltd, the applicant, and the National Union of Workers, the respondent, the case was brought before the Fair Work Commission. The primary dispute centred around the application for the approval of the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2013. This agreement was intended to establish the terms and conditions of employment for employees within the customer fulfilment centre.

The legal issues that the court had to address involved the compliance of the agreement with the Fair Work Act 2009. The court was required to determine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. This involved scrutinising the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. The court also had to consider whether the agreement had been made in good faith and whether it adequately protected the interests of both the employer and the employees.

The court examined the agreement in detail, taking into account submissions from both parties. It assessed whether the agreement provided for fair and reasonable terms, taking into account various factors such as industry benchmarks and the bargaining positions of the parties. The court also considered whether the agreement allowed for adequate consultation and negotiation between the parties. Ultimately, the court found that the agreement did meet the necessary criteria and approved it as a certified agreement under the Fair Work Act.

The final orders of the court were to approve the Officeworks Customer Fulfilment Centre National Union of Workers Agreement 2013 as a certified agreement, effective from the date of the decision. This decision provided certainty and legal recognition to the terms and conditions outlined in the agreement, ensuring that it governed the employment relationship between the parties going forward.

Officeworks Business Direct Pty Ltd; National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established