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 sought approval of the Australian Bakels (Pty) Ltd Enterprise Agreement 2014. The Fair Work Commission heard the application and was required to determine if the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues centred on whether the agreement contained all the mandated terms, if the agreement was made in good faith, and if the necessary bargaining processes were followed.

The Commission examined the agreement to ensure it included minimum entitlements and occupational health and safety provisions. It also assessed if the bargaining process was genuine and if the agreement was made free from any coercive or unfair conduct. The Commission found that the agreement did include all mandated terms and that the bargaining process was conducted in good faith.

The Australian Workers' Union's application was approved as the agreement met all statutory requirements. The Commission determined that the agreement was fair and reasonable and would promote harmonious, productive, and cooperative workplace relations. The Commission's decision was made in accordance with the legislative framework and based on a thorough examination of the agreement and the bargaining process.

The Commission approved the Australian Bakels (Pty) Ltd Enterprise Agreement 2014 and issued a certificate of registration. The agreement is now legally binding on all parties and will govern the employment conditions of the employees covered by the agreement. The decision ensures that the agreement meets the necessary legal standards and promotes positive workplace relations.

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