DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Farmers Federation
(AG2015/7796)

P. PULLAR & CO (COOLSTORES) PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 28 JANUARY 2016

Application for approval of the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Victorian Farmers Federation. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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 was approved on 28 January 2016 and, in accordance with s.54, will operate from 4 February 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Farmers Federation applied to the Fair Work Commission for an order approving the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2015. The dispute centred on whether the collective agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was required to determine whether the agreement was in the public interest and complied with the statutory requirements for approval.

The Commission noted that the agreement contained provisions that allowed for the delegation of authority to make workplace laws to the employer. This was a significant departure from the standard model of industrial awards which typically set out detailed provisions for minimum terms and conditions. The Commission considered whether this delegation was consistent with the objects of the Fair Work Act and whether it provided sufficient protections for employees. The Commission also examined whether the agreement met the criteria for approval set out in the Fair Work Regulations.

The Commission concluded that the agreement did not meet the statutory requirements for approval. The delegation of authority to the employer to make workplace laws was inconsistent with the objects of the Fair Work Act and did not provide sufficient protections for employees. The Commission also found that the agreement did not comply with certain procedural requirements in the Fair Work Regulations. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the P. Pullar & Co (Coolstores) Pty Ltd and National Union of Workers Collective Agreement 2015. The Commission found that the agreement did not comply with the statutory requirements for approval and was not in the public interest. The Commission's decision was based on its conclusion that the agreement allowed for the delegation of authority to the employer to make workplace laws, which was inconsistent with the objects of the Fair Work Act and did not provide sufficient protections for employees. The Commission also found that the agreement did not comply with certain procedural requirements in the Fair Work Regulations.

Victorian Farmers Federation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established