DECISION

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

Staples Australia Pty Ltd
(AG2015/2228)

STAPLES AUSTRALIA PTY LIMITED, QUEENSLAND AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 31 MARCH 2015

Application for approval of the Staples Australia Pty Limited, Queensland and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Staples Australia Pty Limited, Queensland and 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 Staples Australia 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 Section 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 7 April 2015. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

Staples Australia Pty Ltd recently brought an application before the Fair Work Commission, seeking approval for the Staples Australia Pty Limited, Queensland and National Union of Workers Enterprise Agreement 2015. The National Union of Workers had entered into an enterprise agreement with Staples Australia Pty Ltd, which sought to regulate the terms and conditions of employment for the union's members. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Act. Specifically, the Commission had to determine if the agreement was certified by an independent certifier, if it was made in good faith, and if it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission also considered whether the agreement unfairly disadvantaged any employee, and whether it was in the best interests of the employees it covered.

The Fair Work Commission held that the enterprise agreement was valid and should be approved. The Commission found that the agreement had been independently certified and was made in good faith. The agreement contained all the necessary minimum terms and conditions as required by the Act, and did not unfairly disadvantage any employee. The Commission also found that the agreement was in the best interests of the employees it covered. Consequently, the Commission approved the enterprise agreement.

The Commission issued an approval order for the Staples Australia Pty Limited, Queensland and National Union of Workers Enterprise Agreement 2015, effective from the date of the Commission's decision. The order confirmed the agreement as a lawful and binding contract between Staples Australia Pty Ltd and the National Union of Workers, applicable to the employees covered by the agreement.

Staples Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established