Akzo Nobel Pty Ltd Summary

[2014] FWCA 3442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akzo Nobel Pty Ltd
(AG2014/6069)

AKZO NOBEL PTY LTD SUNSHINE SITE ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 MAY 2014

Application for approval of the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Akzo Nobel Pty Ltd Sunshine Site Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Akzo Nobel Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 30 May 2014.The nominal expiry date of the Agreement is 17 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Akzo Nobel Pty Ltd, sought approval of an enterprise bargaining agreement for its Sunshine site employees. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application. The dispute centred on various aspects of the proposed agreement, including the classification of employees and the terms of their employment.

The legal issues before the Commission involved the interpretation and validity of the proposed agreement under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for "enterprise agreements" and if it was made in good faith and without coercion, as required by the legislation. Additionally, the Commission needed to consider whether the terms of the agreement were fair and reasonable, particularly in relation to employee classifications and conditions.

The Commission found that the agreement was made in good faith and without coercion, and that it contained provisions that were fair and reasonable. The Commission held that the classification of employees under the agreement was appropriate and that the terms of the agreement were not unduly harsh or prejudicial to the employees. The Commission approved the application and registered the agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the proposed enterprise bargaining agreement and directed that it be registered. The agreement was to apply to the employees of Akzo Nobel Pty Ltd at the Sunshine site, and the Commission noted that it would remain in effect until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009.

Akzo Nobel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established