Statewide Independent Wholesalers Ltd

[2014] FWCA 2580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Statewide Independent Wholesalers Ltd
(AG2014/3779)

STATEWIDE INDEPENDENT WHOLESALERS TASMANIA REGIONAL DISTRIBUTION CENTRE - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2014

Application for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made by Statewide Independent Wholesalers Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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.

[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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 April 2014. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Statewide Independent Wholesalers Ltd applied to the Fair Work Commission for approval of the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2013. The National Union of Workers opposed the application on the basis that it did not meet the "better off overall test" and contained provisions that were contrary to public policy. The dispute was heard in the Fair Work Commission, with a decision being handed down on 10 August 2015.

The central issue before the Commission was whether the enterprise agreement provided employees with a safety net of minimum wages and conditions, and whether it contained any provisions that were contrary to public policy. The Commission considered the application in light of the Fair Work Act 2009 and the principles of industrial relations law. The Commission found that the enterprise agreement met the "better off overall test" and did not contain any provisions that were contrary to public policy.

The Commission found that the enterprise agreement provided employees with a safety net of minimum wages and conditions, and that it was a "safety net" agreement. The Commission also found that the agreement did not contain any provisions that were contrary to public policy, including the provisions relating to the use of labour hire arrangements. The Commission noted that the use of labour hire arrangements was not in itself contrary to public policy, and that the provisions in the agreement were designed to ensure that employees were not disadvantaged by the use of such arrangements.

The Fair Work Commission approved the Statewide Independent Wholesalers Tasmania Regional Distribution Centre - National Union of Workers Enterprise Agreement 2013. The Commission found that the agreement met the "better off overall test" and did not contain any provisions that were contrary to public policy. The Commission also noted that the agreement provided employees with a safety net of minimum wages and conditions, and that it was a "safety net" agreement. The National Union of Workers' application for approval of the enterprise agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established