The Australian Workers’ Union

[2014] FWCA 7289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/7565)

SUN ACE (AUSTRALIA) AND AWU BROOKLYN DIVISION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 OCTOBER 2014

Application for approval of the Sun Ace (Australia) and AWU Brooklyn Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sun Ace (Australia) and AWU Brooklyn Division Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 22 October 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) sought approval of the Sun Ace (Australia) and AWU Brooklyn Division Enterprise Agreement 2014. The applicant sought approval of the agreement under section 173 of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The key legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which outlines the criteria for the approval of an enterprise agreement. This involved considering whether the agreement was in the public interest and whether it provided for the proper management of the business. The Commission also had to determine if the agreement had been fairly and genuinely negotiated and if it contained the appropriate terms and conditions.

The Commission determined that the agreement did meet the requirements under section 231. The Commission found that the agreement was in the public interest and provided for the proper management of the business. The agreement had been fairly and genuinely negotiated, and it contained appropriate terms and conditions for the employees. The Commission approved the agreement under section 174 of the Fair Work Act 2009.

The Fair Work Commission approved the Sun Ace (Australia) and AWU Brooklyn Division Enterprise Agreement 2014, confirming its validity and enforceability. This decision ensures that the terms and conditions of the agreement will be binding on the parties involved, providing a framework for the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established