United Workers’ Union

[2021] FWCA 6093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2021/7600)

FLORSHEIM PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021-2024

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 1 OCTOBER 2021

Application for approval of the Florsheim Pty Ltd & United Workers Union Enterprise Agreement 2021-2024.

[1] United Workers’ Union (the Applicant) has made an application for approval of an enterprise agreement known as the Florsheim Pty Ltd & United Workers Union Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] In the support materials provided, the Applicant indicated that on 7 September 2021, employees were advised of the vote details and that the vote would commence on 14 September 2021, which is one day less than the 7 clear days required in the Act. Pursuant to s.188(2), I consider this a minor procedural error that did not disadvantage the employees covered by the Agreement.

[3] The United Workers’ Union 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) of the Act I note that the Agreement covers this organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the United Workers’ Union, sought approval of an enterprise agreement between Florsheim Pty Ltd and the union. The application was made to the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The primary dispute concerned the terms and conditions of employment, including wages, hours, and other entitlements, as outlined in the proposed agreement.

The key legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval. This involved examining whether the agreement had been genuinely negotiated between the parties, and whether it complied with the provisions of the Fair Work Act, including the requirement that it provides for a fair and reasonable safety net for employees. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it contained any provisions that might be detrimental to their welfare.

The Commission found that the enterprise agreement had been genuinely negotiated and met the statutory requirements for approval. It was satisfied that the agreement provided for a fair and reasonable safety net, and that it was in the best interests of the employees. The Commission also noted that the agreement contained provisions that were beneficial to the employees, such as increased wages and improved working conditions. As a result, the Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement, with modifications to certain provisions to ensure compliance with the Fair Work Act. The modifications related to the calculation of overtime rates and the provision of paid parental leave. The Commission also made an order for the publication of the approved agreement and directed the parties to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established