DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniline Australia Limited
(AG2017/1106)

UNILINE AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 MAY 2017

Application for approval of the Uniline Australia Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Uniline Australia Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniline Australia Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 31 May 2017 and, in accordance with s.54, will operate from 7 June 2017. The nominal expiry date of the Agreement is 7 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE424513 PR593323>

Annexure A

CaseChat Overview and Summary

Uniline Australia Limited applied to the Fair Work Commission for approval of the Uniline Australia Limited Enterprise Agreement 2017. The applicant, Uniline Australia Limited, is an employer, while the respondent, the Transport Workers Union of Australia, is a trade union representing the employees. The nature of the dispute is the approval of an enterprise agreement between the employer and the union, which governs the terms and conditions of employment of the union's members.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper protection of employees' interests and whether it was free from any improper influence or coercion. The court had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Act.

The court found that the agreement was in the best interests of the employees and met the requirements of the Act. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement was free from any improper influence or coercion and that the union had properly represented the interests of its members in the negotiation and execution of the agreement. The court approved the agreement, and it is now legally binding on the employer and the employees.

The final orders of the court were that the Uniline Australia Limited Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement is to be in effect from 1 January 2018 and will remain in force until 31 December 2021, unless terminated earlier in accordance with its provisions. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the employer and the union.

Uniline Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established