United Protestant Association of NSW Limited T/A UPA

The United Protestant Association of NSW Limited T/A UPA brought an application before the Fair Work Commission to approve the UPA NSWNMA and HSU NSW Enterprise Agreement 2017-2020. The applicant sought to represent the employees of the employer, however, the employer opposed the application. The application was heard by the Commission, which comprised of a delegate of the President and two other members. The Commission was required to determine whether the applicant met the requirements of Section 596 of the Fair Work Act 2009, and whether the proceedings were conducted in an efficient and fair manner between the parties.

The legal issues that the Commission had to decide included whether the applicant was an appropriate representative of the employees, and whether the employer had acted reasonably in opposing the application. The Commission had to consider the evidence presented by both parties and assess the fairness of the proceedings. The Commission also had to consider whether the application of the UPA NSWNMA and HSU NSW Enterprise Agreement 2017-2020 would benefit the employees and the employer.

The Commission found that the applicant was an appropriate representative of the employees and that the employer had not acted reasonably in opposing the application. The Commission noted that the applicant had a long history of representing employees in the industry and had a good understanding of the issues affecting the employees. The Commission also found that the employer had not provided any evidence to support its opposition to the application. The Commission concluded that the application of the UPA NSWNMA and HSU NSW Enterprise Agreement 2017-2020 would benefit the employees and the employer, and approved the application.

The Commission ordered that the UPA NSWNMA and HSU NSW Enterprise Agreement 2017-2020 be approved as a registered agreement under Section 176 of the Fair Work Act 2009. The employer was also ordered to provide the applicant with a copy of the agreement and to take all necessary steps to give effect to the agreement. The employer was further ordered to pay the applicant's costs of the application.