DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2020/3801)

CAMBERWELL ELECTRICS (SALES) PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 - 2023

Storage services
COMMISSIONER WILSON	MELBOURNE, 13 JANUARY 2021

Application for approval of the Camberwell Electrics (Sales) Pty Ltd & United Workers Union Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Camberwell Electrics (Sales) Pty Ltd & United Workers Union Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Workers’ Union. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Camberwell Electrics (Sales) Pty Ltd and the United Workers’ Union were involved in a dispute concerning the approval of an enterprise agreement for the years 2020 to 2023. The case was heard in the Fair Work Commission, the tribunal responsible for addressing employment-related disputes in Australia.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement had been fairly made, was free from coercion and undue influence, and met the criteria for being a bona fide enterprise agreement. The court also had to consider if the agreement contained all the mandated terms and conditions as per the legislation.

In its decision, the Fair Work Commission assessed the evidence provided by both parties and reviewed the proposed agreement in detail. The court found that the agreement had been made in good faith, without coercion or undue influence, and contained all the required terms and conditions. The Commission approved the enterprise agreement, recognising its compliance with the legislative requirements and its benefits to the employees and the employer.

The final order of the Fair Work Commission was to approve the Camberwell Electrics (Sales) Pty Ltd & United Workers Union Enterprise Agreement 2020 - 2023, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment relationship between the parties for the specified period.

United Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established