DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adchem (Australia) Pty Ltd
(AG2019/393)

ADCHEM (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JUNE 2019

Application for approval of the Adchem (Australia) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Adchem (Australia) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adchem (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 Australian 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.

[6] The Agreement was approved on 27 June 2019 and, in accordance with s.54, will operate from 4 July 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adchem (Australia) Pty Ltd is a party in a case heard by the Fair Work Commission, where an application for the approval of the Enterprise Agreement 2019 was made. The application pertains to the agreement between the employer and the employees, seeking formal recognition and enforcement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly in relation to the provisions for employees' working conditions, remuneration, and other employment terms.

The legal issues the court had to address included whether the agreement fairly represented the employees' interests, if it complied with the provisions of the Fair Work Act, and if it contained all the mandated terms as stipulated by the law. Another key issue was the fairness of the agreement in terms of procedural fairness, ensuring that employees had an opportunity to be heard and their views considered in the formation of the agreement.

The Fair Work Commission, in its reasoning, examined the process through which the agreement was negotiated and whether it adhered to the legal standards for fair representation. The court found that the negotiation process was conducted in good faith and that the agreement was fair and balanced, meeting all legal requirements for approval. The commission approved the agreement, emphasising the importance of such agreements in maintaining a fair and efficient workplace environment.

The final orders of the commission were that the Adchem (Australia) Pty Ltd Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009, effective from the date of the commission's decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, providing clarity and protection for both the employer and employees.

Adchem (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