DECISION

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

3M Australia Pty Ltd T/A 3M
(AG2015/1938)

3M AUSTRALIA PTY LTD - DISTRIBUTION CENTRE & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 2 MARCH 2015

Application for approval of the 3M Australia Pty Ltd - Distribution Centre & National Union of Workers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the 3M Australia Pty Ltd - Distribution Centre & National Union of Workers Collective Agreement 2014 (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 T/A 3M (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] As the agreement does not contain a flexibility term, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved 3M Australia Pty Ltd, trading as 3M, and the National Union of Workers. The matter was before the Fair Work Commission, which was asked to approve a collective agreement between the parties. The dispute centred around the terms and conditions of employment within 3M's distribution centre, including issues such as classification, pay rates, and various employee entitlements.

The legal issues before the Commission included whether the proposed collective agreement was in compliance with the Fair Work Act 2009 and whether it met the requirements for approval under the relevant industrial instruments. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the proposed agreement was fair and reasonable, taking into account the interests of both the employer and the employees. It was concluded that the agreement appropriately balanced the needs of the business with the rights and protections of the workforce. The Commission noted that the agreement provided for clear classification and pay rates, as well as comprehensive entitlements that were consistent with industry standards. The Commission was satisfied that the agreement was consistent with the principles of the Fair Work Act and approved the collective agreement.

The Fair Work Commission approved the 3M Australia Pty Ltd - Distribution Centre & National Union of Workers Collective Agreement 2014, confirming its compliance with the Fair Work Act and its appropriateness as a fair and reasonable agreement for the employees of 3M.

3M Australia Pty Ltd T/A 3M

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established