DECISION

Fair Work Act 2009
s.185—Enterprise agreement

3M Purification Pty Ltd
(AG2015/4037)

3M PURIFICATION PTY LTD NOWRA SITE EMPLOYEE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 AUGUST 2015

Application for approval of the 3M Purification Pty Ltd Nowra Site Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the 3M Purification Pty Ltd Nowra Site Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by 3M Purification Pty Ltd. The agreement is a single enterprise agreement.

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

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

[4] On 6 August 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 1 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

3M Purification Pty Ltd applied for approval of the 3M Purification Pty Ltd Nowra Site Employee Collective Agreement 2015, which was lodged with the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) on the grounds that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the collective agreement complied with the legislative requirements for approval.

The central legal issue was whether the collective agreement met the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient way to determine employees' terms and conditions of employment and if it complied with the "better off overall test." This test required that employees be no worse off financially and, where possible, better off overall compared to the applicable national system award or registered agreement.

The Fair Work Commission found that the collective agreement satisfied the requirements for approval. The agreement provided for an efficient and fair method to determine employees' terms and conditions, including provisions for wage rates, leave entitlements, and other benefits. The Commission noted that employees would be better off overall under the agreement, as it included provisions that were more favourable than those in the applicable award. Therefore, the application for approval was successful.

The Fair Work Commission approved the 3M Purification Pty Ltd Nowra Site Employee Collective Agreement 2015, effective from 1 July 2015. The Commission found that the agreement met the statutory requirements for approval and provided a fair and efficient way to determine employees' terms and conditions of employment.

3M Purification Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established