The Australian Workers’ Union Summary

[2014] FWCA 5377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/6714)

AUSTRALIAN BAKELS (PTY) LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 7 AUGUST 2014

Application for approval of the Australian Bakels (Pty) Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Bakels (Pty) Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The agreement is a single enterprise agreement.

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

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

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 14 August 2014. The nominal expiry date of the Agreement is 7 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union lodged an application for the approval of the Australian Bakels (Pty) Ltd Enterprise Agreement 2014, which was opposed by Bakels Pty Ltd. The dispute came before the Fair Work Commission. The central issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement was free from prohibited content, and if the bargaining process leading to the agreement was genuine.

In evaluating the application, the Commission considered whether the agreement contained any terms that were prohibited by the Act, including those relating to the provision of benefits to members of a political party. The Commission also examined the process by which the agreement was negotiated to determine if it was genuinely bargained. The Commission found that the agreement did not contain any terms that contravened the Act and that the bargaining process was genuine. The application was therefore approved.

The Fair Work Commission approved the Australian Bakels (Pty) Ltd Enterprise Agreement 2014. The decision confirms the importance of ensuring that enterprise agreements are free from prohibited content and that the bargaining process is genuine. The approval of this agreement is likely to have implications for similar agreements in the industry and may set a precedent for future applications.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established