DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akzo Nobel Pty Limited T/A AzkoNobel
(AG2017/3646)

AKZO NOBEL PTY LTD SUNSHINE SITE ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Akzo Nobel Pty Limited T/A AzkoNobel. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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] United Voice 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 6 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Akzo Nobel Pty Limited trading as AkzoNobel, an application was made to the Fair Work Commission (FWC) for the approval of the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2017. The application was brought forward by the employer, who sought to have the agreement recognised as a Registered Agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which raised concerns about certain provisions of the agreement that it believed did not meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively compliant with the Fair Work Act, particularly in relation to the dispute resolution provisions. The AMWU argued that the agreement's dispute resolution process was not sufficiently robust and that it did not provide adequate protection for employees. The employer, on the other hand, contended that the agreement was fair and balanced and that it provided for an efficient and effective means of resolving disputes.

The FWC, after considering the arguments and evidence presented by both parties, found that the agreement was generally fair and balanced. The Commission noted that the dispute resolution process, while not perfect, provided a reasonable means for resolving disputes and was in line with industry standards. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would undermine the rights of employees. Consequently, the FWC approved the agreement, finding it to be a Registered Agreement under the Fair Work Act.

The final orders of the Commission were that the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2017 be approved as a Registered Agreement. The agreement would now be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement. The AMWU's opposition to the application was dismissed, and the employer was permitted to implement the terms of the agreement.

Akzo Nobel Pty Limited T/A AzkoNobel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established