DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WF Montague Pty Ltd
(AG2015/7825)

W F MONTAGUE PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 11 FEBRUARY 2016

Application for approval of the W F Montague Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the W F Montague Pty Ltd and National Union of Workers Enterprise 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 WF Montague Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 11 February 2016 and, in accordance with s.54, will operate from 18 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the W F Montague Pty Ltd and National Union of Workers Enterprise Agreement 2015. The applicant, W F Montague Pty Ltd, sought to have the enterprise agreement, which was negotiated with the National Union of Workers, formally approved. This approval is necessary for the agreement to have legal effect and to bind the parties involved.

The legal issues that the Fair Work Commission needed to address included whether the enterprise agreement was made in good faith, whether it complied with the requirements of the Fair Work Act 2009, and if it met the provisions regarding minimum entitlements, including those relating to pay, hours of work, and other conditions. The Commission also needed to consider whether the agreement had been fairly negotiated and if it provided for the resolution of any disputes that may arise under it.

In delivering the decision, the Fair Work Commission noted that the parties had engaged in good faith negotiations and that the agreement reflected a fair and reasonable outcome for both the employer and the employees. The Commission found that the enterprise agreement was compliant with the Fair Work Act 2009 and met the requirements for approval. It was satisfied that the agreement provided for the payment of minimum rates of pay, reasonable hours of work, and included provisions for the resolution of disputes. Therefore, the Commission approved the enterprise agreement, allowing it to have legal effect from the date of the decision.

The final orders of the Fair Work Commission included the approval of the W F Montague Pty Ltd and National Union of Workers Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would bind the parties, providing a framework for the employment relationship between W F Montague Pty Ltd and the National Union of Workers.

WF Montague Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established