Statewide Independent Wholesalers Limited

Case [2017] FWCA 1141


[2017] FWCA 1141
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Statewide Independent Wholesalers Limited
(AG2017/218)

STATEWIDE INDEPENDENT WHOLESALERS TASMANIA REGIONAL DISTRIBUTION CENTRE - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Tasmania

COMMISSIONER JOHNS

SYDNEY, 28 FEBRUARY 2017

Application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2016.

[1] On 27 January 2017 Statewide Independent Wholesalers Limited (Applicant) made an application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 March 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE423475  PR590551>

Details
AGLC
Statewide Independent Wholesalers Limited [2017] FWCA 1141
Case
[2017] FWCA 1141
Decision Date

CaseChat Overview and Summary

In this matter, Statewide Independent Wholesalers Limited applied for the approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2016. The dispute arose in the Fair Work Commission. The key legal issues for the Commission to determine were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, and whether it had been fairly negotiated.

The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including wages and conditions, leave provisions, and dispute resolution mechanisms. The Commission considered that the agreement had been fairly negotiated and that the parties had acted in good faith. The Commission also found that the agreement provided for minimum terms and conditions of employment, including minimum wages, penalty rates, and leave entitlements. Having considered all of the evidence and arguments presented, the Commission was satisfied that the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The Commission approved the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2016.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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