Walk Industrial Services Pty Ltd

[2014] FWCA 6437

The attached document replaces the document previously issued with the above code on 16 September 2014.

The agreement name is corrected to reflect the correct title.

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated

18 September 2014

[2014] FWCA 6437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Walk Industrial Services Pty Ltd
(AG2014/7129)

SUPERIOR PRODUCTION AND PRESTIGE PACKING MULTI-ENTERPRISE BARGAINING AGREEMENT 2014-2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Superior Production and Prestige Packing Multi-Enterprise Bargaining Agreement 2014 - 2018.

[1] On 14 August 2014 Superior Production Company Pty Ltd and Prestige Packing Company Pty Ltd (The Applicants) made application for approval of the Superior Production and Prestige Packing Multi-Enterprise Bargaining Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I conducted a hearing by telephone on 12 September 2014. Mr Ken Law represented the Applicants. Management of the Applicants participated, as did employee bargaining representatives.

[4] Mr Law had provided a letter on 10 September 2014 to address concerns raised by me. A copy of this letter is attached to this decision as Annexure A.

[5] Based on this letter and the account of the voting process provided at the telephone hearing, I am satisfied that:

(a) Section181 of the Act has been complied with. The ballot took place on 14 August 2014, which is at least 21 days after the last notice of employee representational rights under s.173(1) was given to employees.

(b) The Agreement has been genuinely agreed to by the employees covered by the Agreement.

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 23 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Walk Industrial Services Pty Ltd, sought approval of the Superior Production and Prestige Packing Multi-Enterprise Bargaining Agreement 2014-2018. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds, primarily arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement was appropriately made, if it satisfied the conditions for multi-enterprise bargaining, and whether it complied with the procedural and substantive requirements of the Act.

The Commission commenced by examining the procedural fairness of the bargaining process, determining that the process was conducted in good faith and involved adequate consultation with the relevant parties. It was established that the agreement was negotiated in line with the requirements set forth in the Fair Work Act. The Commission then assessed whether the agreement met the criteria for multi-enterprise bargaining, finding that it did, as it involved multiple employers and employees across different enterprises. The substantive content of the agreement was also reviewed, with the Commission confirming that it did not include any provisions that would contravene the Act or public policy. Having satisfied itself on these matters, the Commission approved the agreement.

The Commission's decision was grounded in its interpretation of the relevant provisions of the Fair Work Act and its assessment of the procedural and substantive fairness of the agreement. The application was ultimately successful, with the Commission granting approval of the agreement, which will now apply to the relevant employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established