DECISION

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

3M Australia Pty Ltd
(AG2021/4125)

3M AUSTRALIA PTY LTD - DISTRIBUTION CENTRE & UNITED WORKERS UNION COLLECTIVE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT DEAN	SYDNEY, 18 MARCH 2021

Application for approval of the 3M Australia Pty Ltd - Distribution Centre & United Workers Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the 3M Australia Pty Ltd - Distribution Centre & United Workers Union Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 3M Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved 3M Australia Pty Ltd and the United Workers Union. The dispute centred around the approval of a collective agreement concerning the terms and conditions of employment for workers within 3M's distribution centre. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal standards and criteria for approval.

The primary legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for good faith bargaining and the fairness of the terms and conditions outlined within the agreement. The court had to assess if the agreement represented a fair and reasonable outcome for both parties, considering the principles of procedural fairness and the avoidance of undue coercion or pressure.

In its decision, the Fair Work Commission determined that the agreement was made in good faith and was fair and reasonable. The court found that the negotiation process adhered to legal standards and that the terms of the agreement were equitable. The Commission took into account the economic context, the bargaining positions of the parties, and the benefits provided to employees under the proposed agreement. The outcome was that the Commission approved the collective agreement, ensuring that it met the necessary statutory requirements and was fair for all parties involved.

The Fair Work Commission ordered that the 3M Australia Pty Ltd - Distribution Centre & United Workers Union Collective Agreement 2020 be approved and registered. This decision established the terms and conditions of employment as outlined in the agreement, providing a legally binding framework for the relationship between the employer and the union. The approval signified that the agreement was fit for purpose and compliant with the relevant labour laws.

3M Australia 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