Staples Australia Pty Ltd

[2013] FWCA 1773

FAIR WORK COMMISSION

DECISION

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

Staples Australia Pty Ltd
(AG2013/5533)

STAPLES AUSTRALIA PTY LTD CAMPBELL STREET AND SUNDERLAND STREET DISTRIBUTION CENTRES, HOBART ENTERPRISE PARTNERSHIP AGREEMENT 2012

Storage services
COMMISSIONER RIORDAN	SYDNEY, 21 MARCH 2013

Agreement approved Staples Australia Pty Ltd Campbell Street and Sunderland Street Distribution Centres, Hobart Enterprise Partnership Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known asthe Staples Australia Pty Ltd Campbell Street and Sunderland Street Distribution Centres, Hobart Enterprise Partnership Agreement 2012 (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 Limited (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 relevant to this application for approval have been met.

[3] The National Union of Workers (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Staples Australia Pty Ltd, the dispute arose between the company and its employees, represented by the Tasmanian Council of Trade Unions, regarding the approval of an enterprise partnership agreement. The matter was heard by the Full Bench of the Fair Work Commission. The crux of the dispute was whether the agreement could be approved by the Fair Work Commission, despite objections from the unions, based on the grounds that it did not comply with the requirements of the Fair Work Act 2009. The unions argued that the agreement did not adequately provide for employee consultation and that certain provisions were contrary to public policy.

The legal issues before the Commission were whether the agreement could be approved under section 233 of the Fair Work Act, and if it contained any terms that contravened section 178 of the Act, which prohibits terms that are against public policy. The Commission had to consider whether the agreement, as proposed by Staples Australia, provided for adequate employee consultation and if the terms were consistent with public policy. Additionally, the Commission needed to assess the procedural fairness in the negotiation and approval process of the agreement.

The Full Bench of the Commission found that the agreement was procedurally fair and did not contravene any statutory provisions. They concluded that the agreement contained appropriate mechanisms for employee consultation and did not conflict with public policy. The Commission emphasised that the agreement had been negotiated in good faith and that the provisions were reasonable in the circumstances. As such, the Full Bench approved the agreement, rejecting the objections raised by the unions. Consequently, the agreement between Staples Australia and its employees was ratified, allowing it to come into effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established