DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smith Employment Pty. Ltd.
(AG2015/4814)

SMITH EMPLOYMENT PTY. LTD. & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Smith Employment Pty. Ltd. & National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Smith Employment Pty. Ltd. & National Union of Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Smith Employment Pty. Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case of Smith Employment Pty. Ltd. and the National Union of Workers, the applicant sought approval for the Enterprise Agreement 2015. The dispute centred around the terms of the agreement, which was submitted to the Fair Work Commission for endorsement. The agreement outlined various conditions of employment, including wages, hours, and other workplace terms for the employees represented by the National Union of Workers.

The legal issues before the court involved determining whether the agreement met the requirements set forth in the Fair Work Act 2009, specifically regarding the "better off overall test" (BOOT). The court was tasked with assessing if the proposed agreement provided employees with a fair and better outcome compared to the existing conditions, ensuring that the agreement was not detrimental to the employees.

The court thoroughly examined the terms of the agreement and the evidence presented by both parties. It found that the agreement did indeed meet the BOOT, as it provided improved conditions for the employees without imposing any significant disadvantages. Consequently, the court approved the Enterprise Agreement 2015, confirming its compliance with the statutory requirements.

The court's final orders were to endorse the Smith Employment Pty. Ltd. & National Union of Workers Enterprise Agreement 2015, thereby making it a legally binding agreement between the employer and the union.

Smith Employment Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established