United Book Distributors (a division of Pearson Australia Group Pty Ltd)

[2013] FWCA 2962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Book Distributors (a division of Pearson Australia Group Pty Ltd)
(AG2013/1030)

UNITED BOOKS DISTRIBUTORS ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2013

Application for approval of the United Books Distributors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the United Books Distributors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Book Distributors (a division of Pearson Australia Group Pty Ltd). The agreement is a single-enterprise agreement.

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

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2013. The nominal expiry date of the Agreement is Thursday 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves United Book Distributors, a division of Pearson Australia Group Pty Ltd, and the Australian Education Union Tertiary Sector Division. The dispute arose over the application for approval of the United Books Distributors Enterprise Agreement 2013. The matter was heard in the Fair Work Commission. The central legal issues before the court were whether the terms of the proposed enterprise agreement were fair and reasonable, and whether the agreement had been genuinely negotiated and properly certified. The court needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission examined the evidence provided by both parties and assessed the fairness and reasonableness of the agreement's terms. The court considered the nature of the bargaining process, the fairness of the terms, and the interests of the employees. It also evaluated whether the agreement had been genuinely negotiated and certified in accordance with the law. After thorough deliberation, the Commission concluded that the agreement was fair and reasonable and had been properly negotiated and certified. The court found that the terms of the agreement did not unjustifiably disadvantage the employees and that the bargaining process met the necessary statutory requirements.

Consequently, the Fair Work Commission approved the United Books Distributors Enterprise Agreement 2013. The decision was based on the evidence that the agreement was fair and reasonable, and that it had been genuinely negotiated and properly certified. The court’s approval was a reflection of the balance struck between the interests of the employer and the employees, ensuring that the agreement met the statutory criteria for approval under the Fair Work Act. The final orders confirmed the approval of the enterprise agreement, allowing it to come into effect as per the terms outlined in the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established