The Australian Workers’ Union

[2013] FWCA 6484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/8849)

WORKFORCE INTERNATIONAL QENOS POLYMERS (PLASTICS/RESINS) PLANT CADETSHIP UNION AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013 (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] An undertaking has been given in relation to clauses 24(c) and 27(C) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Workers' Union sought approval for the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013. The application was made under section 234 of the Fair Work Act 2009, seeking the Fair Work Commission's approval of the agreement as a registered agreement. The dispute was heard by Deputy President Eley.

The main legal issues before the court were whether the agreement met the requirements for registration under the Fair Work Act, including whether it was a genuine enterprise agreement, and if it provided for fair and reasonable terms and conditions. This involved examining the agreement's content, the process by which it was negotiated, and whether it met the necessary standards for a registered agreement.

The court found that the agreement was a genuine enterprise agreement and met the necessary standards for registration. The court examined the negotiation process, finding it to be fair and reasonable. The court also considered the content of the agreement, determining that it provided for fair and reasonable terms and conditions. The court approved the agreement, finding that it met all the necessary requirements for registration.

The court's final order was that the Workforce International Qenos Polymers (Plastics/Resins) Plant Cadetship Union Agreement 2013 be approved as a registered agreement. The agreement was to be registered on the register of approved agreements and would have effect as a registered agreement from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established