DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/9745)

THOMAS BORTHWICK & SONS SECURITY ENTERPRISE AGREEMENT 2014 - 2017

Miscellaneous
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Thomas Borthwick & Sons Security Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Thomas Borthwick & Sons Security Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. 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] United Voice, 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 9 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The application before the Full Bench of the Fair Work Commission was brought by United Voice, a registered trade union, seeking approval of the Thomas Borthwick & Sons Security Enterprise Agreement 2014 - 2017. The agreement was entered into between the employer, Thomas Borthwick & Sons, and the union. The union argued that the agreement fairly reflected the needs of its members and provided for their appropriate representation and protection in the workplace. The employer, on the other hand, contended that certain provisions of the agreement were unfair and did not comply with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the criteria for approval under section 234 of the Fair Work Act, including whether it provided for fair and appropriate representation and protection of the employees' interests, and whether it complied with the procedural requirements for registration. The court had to consider the arguments from both parties and examine the provisions of the agreement in detail to determine whether it met the necessary standards. The union argued that the agreement was fair and provided for adequate representation and protection of its members, while the employer contended that certain provisions were unfair and did not comply with the Act.

After carefully considering the arguments and evidence presented by both parties, the court found that the agreement met the criteria for approval under section 234 of the Fair Work Act. The court found that the agreement provided for fair and appropriate representation and protection of the employees' interests and complied with the procedural requirements for registration. The court rejected the employer's contention that certain provisions of the agreement were unfair and did not comply with the Act. The court was satisfied that the agreement was fair and appropriate and approved it for registration.

The court's final orders were that the Thomas Borthwick & Sons Security Enterprise Agreement 2014 - 2017 be approved for registration under section 234 of the Fair Work Act. The agreement was registered and became a registered enterprise agreement, binding on the employer and its employees. The union's application for approval of the agreement was successful, and the employer's objections were dismissed. The court's decision provides guidance on the criteria for approval of enterprise agreements and the standards that must be met to ensure fair and appropriate representation and protection of employees' interests.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established