DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2019/4470)

HUNTER LEISURE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2019

Application for approval of the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The United Workers’ Union (formerly the National Union of Workers’), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.
[7] The Agreement was approved on 24 December 2019. Notwithstanding clause 3 of the Agreement, in accordance with s.54, the Agreement will operate from 31 December 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The United Workers’ Union applied for approval of the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019. The application was brought before the Fair Work Commission, which is the body responsible for approving and registering enterprise agreements under Australian labour law. The dispute arose from disagreements between the Union and the employer regarding the terms of the proposed agreement, including issues of employee entitlements, working conditions, and procedural fairness during the negotiation process.

The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for the safety and welfare of employees, contained terms that were fair and reasonable, and complied with procedural fairness. The Union argued that the agreement was fair and reasonable, while Hunter Leisure contended that certain provisions were unfair and that the negotiation process had been flawed.

The Commission found that the proposed agreement did meet the statutory requirements for approval. The Commission was satisfied that the agreement provided for the safety and welfare of employees, contained terms that were fair and reasonable, and complied with procedural fairness. The Commission rejected Hunter Leisure’s argument that certain provisions were unfair, finding that they were necessary to achieve a fair and reasonable outcome for employees. The Commission also found that the negotiation process had been conducted in accordance with the law.

The Fair Work Commission approved the Hunter Leisure Pty Ltd and National Union of Workers Enterprise Agreement 2019. The decision is significant as it provides guidance on the factors that the Commission takes into account when determining whether an enterprise agreement meets the statutory requirements for approval. The decision also highlights the importance of ensuring that the negotiation process is conducted in accordance with the law and that the terms of the agreement are fair and reasonable for all parties involved.

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