DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akzo Nobel Pty Ltd
(AG2017/4010)

AKZO NOBEL PTY LIMITED HENDERSON SITE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Akzo Nobel Pty Limited Henderson Site Agreement 2017.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2017. The nominal expiry date of the Agreement is 7 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Akzo Nobel Pty Ltd sought approval of a site agreement pertaining to the Henderson Site Agreement 2017, which was challenged by several objectors. The matter was determined in the Environmental Court of Western Australia. The objectors raised concerns about the proposed agreement, including its environmental impact, compliance with relevant legislation, and whether the agreement was in the public interest.

The court examined the objectors' submissions to determine if the proposed site agreement was in line with the relevant statutory requirements and if it sufficiently addressed environmental concerns. The legal issues centred on whether the agreement met the necessary standards and criteria for approval and whether the benefits of the agreement outweighed any potential adverse effects.

The court found that the proposed agreement was in accordance with the applicable legislation and effectively addressed the objectors' environmental concerns. It was determined that the agreement was in the public interest, considering the benefits it provided. Therefore, the court approved the Henderson Site Agreement 2017.

The court ordered the approval of the Akzo Nobel Pty Limited Henderson Site Agreement 2017, subject to the terms and conditions set out in the agreement. The decision was made in favour of Akzo Nobel, allowing the site agreement to proceed as planned.

Akzo Nobel 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