DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Staples Australia Pty Ltd
(AG2016/4772)

STAPLES AUSTRALIA PTY LIMITED RICHLANDS IN QUEENSLAND AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the Staples Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Limited, Richlands in Queensland and National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Staples Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Workers Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Staples Australia Pty Ltd, the applicant sought approval for the Staples Australia Pty Ltd, Richlands in Queensland and National Union of Workers Enterprise Agreement 2016. The dispute centred around whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court tasked with making the decision.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements of the Act. Specifically, the Commission needed to determine if the agreement had been fairly negotiated, included the necessary minimum terms and conditions, and did not discriminate against any group of employees. The Commission also had to consider whether the agreement was in the best interests of the employees it covered.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission concluded that the agreement failed to include all the mandated minimum terms and conditions, and had not been fairly negotiated. Furthermore, the Commission determined that the agreement was not in the best interests of the employees it covered. As a result, the application for approval was dismissed.

In summary, the Commission held that the Staples Australia Pty Ltd, Richlands in Queensland and National Union of Workers Enterprise Agreement 2016 did not comply with the Fair Work Act 2009. The application for approval was dismissed, and the agreement remains unapproved.

Staples Australia 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