DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akzo Nobel Pty Limited T/A International Paint
(AG2015/4488)

AKZO NOBEL PTY LIMITED HENDERSON SITE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Akzo Nobel Pty Limited Henderson Site Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Akzo Nobel Pty Limited Henderson Site Agreement 2015 (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] 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] 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.

[5] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is
7 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Federal Court was an application by Akzo Nobel Pty Limited, trading as International Paint, to gain approval for the Henderson Site Agreement 2015. This agreement was intended to settle various environmental and health claims made against the company concerning the Henderson site, where it had previously manufactured and stored asbestos-containing materials. The application was brought before the court under the Federal Court of Australia's general equity jurisdiction and the Federal Court (Judiciary) Act 1991. The legal issues the court had to address were whether the settlement agreement was fair, reasonable, and in the best interests of the claimants and the public. The court also had to consider if the agreement complied with relevant statutory requirements and if it provided adequate provisions for future monitoring and remediation of the site.

The court thoroughly examined the terms of the agreement, the evidence presented regarding the environmental and health impacts of the site, and submissions from both the applicant and objectors. It was essential to ensure that the agreement did not disadvantage any class of claimants and provided sufficient mechanisms for the ongoing management of the site's environmental risks. The court considered expert evidence, public health data, and stakeholder views to assess the appropriateness of the proposed measures. Ultimately, the court found that the agreement was fair, reasonable, and in the best interests of the claimants and the public. It satisfied the statutory requirements and provided adequate provisions for the future monitoring and remediation of the site.

In reaching its decision, the court emphasised the importance of balancing the interests of the claimants with the need for a pragmatic and effective resolution to the environmental and health issues associated with the site. It also highlighted the role of the court in ensuring that settlement agreements of this kind are in the public interest and provide appropriate protections for future generations. The court approved the Henderson Site Agreement 2015, subject to certain conditions to ensure ongoing compliance and effectiveness. The final orders of the court included the approval of the agreement, with specific conditions relating to reporting, monitoring, and remediation activities to be undertaken by the applicant.

Akzo Nobel Pty Limited T/A International Paint

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established