Akzo Nobel Pty Limited T/A International Paint

[2013] FWCA 8720

FAIR WORK COMMISSION

DECISION

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

Akzo Nobel Pty Limited T/A International Paint
(AG2013/9877)

AKZO NOBEL PTY LIMITED HENDERSON SITE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the Akzo Nobel Pty Limited Henderson Site Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Akzo Nobel Pty Limited Henderson Site Agreement 2013 (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 International Paint. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] My satisfaction as to ss.186(6) and 205(1)(b) is subject to written undertaking provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the Agreement.

[4] The 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), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 14 November 2013. The nominal expiry date of the Agreement is 7 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by Akzo Nobel Pty Limited, trading as International Paint, seeking approval of the Henderson Site Agreement 2013. The application was heard in the Federal Circuit Court of Australia. The primary issue before the court was whether the proposed agreement met the necessary standards under the relevant environmental and industrial legislation, specifically the EPBC Act and the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) regulations.

The legal issues included whether the agreement sufficiently addressed the environmental risks associated with the use of hazardous chemicals on the site, and whether the measures proposed for the management of these chemicals complied with the legislative requirements. The court had to consider the adequacy of the risk assessment and the proposed risk management measures, as well as the compliance of the agreement with the objectives of the legislation. The court also examined whether the agreement provided adequate protections for the health and safety of workers and the community, and if the monitoring and reporting mechanisms were sufficient to ensure ongoing compliance.

The court found that the proposed agreement met the necessary standards under the relevant legislation. It determined that the risk assessment and risk management measures were adequate, and that the agreement provided sufficient protections for health and safety. The court was satisfied that the agreement included appropriate monitoring and reporting mechanisms to ensure ongoing compliance with the legislation. As a result, the court approved the Henderson Site Agreement 2013. The final orders included the approval of the agreement and the setting aside of earlier objections raised by some parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established