DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd
(AG2017/1296)

ALLNEX WACOL UNION COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 16 MAY 2017

Application for approval of the Allnex Wacol Union Collective Agreement 2017.

[1] On 13 April 2017, Allnex Resins Australia Pty Ltd (Applicant) made an application for approval of the Allnex Wacol Union Collective Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Workers’ Union has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] The Australian Workers’ Union, 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 May 2017. The nominal expiry date of the Agreement is 15 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, Allnex Resins Australia Pty Ltd applied to the Fair Work Commission for the approval of the Allnex Wacol Union Collective Agreement 2017. The matter was contested by the Australian Manufacturing Workers' Union, which argued that the agreement did not adequately address certain issues. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, specifically focusing on whether it was in the interests of the employees and the employer.

The primary legal issues revolved around the interpretation of the Fair Work Act and whether the agreement fulfilled the criteria for approval. The Commission examined the provisions of the agreement, particularly those relating to pay rates, conditions of employment, and the process for resolving disputes. The union contested specific clauses, arguing they did not provide sufficient protections for employees. The employer, on the other hand, maintained that the agreement was fair and in the best interests of both parties.

After thorough consideration, the Commission found that the Allnex Wacol Union Collective Agreement 2017 did meet the necessary criteria for approval. The agreement was deemed to be in the interests of the employees and the employer, despite some reservations expressed by the union. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the objectives of the Fair Work Act. The Commission concluded that the benefits of the agreement outweighed the union's concerns, leading to the approval of the agreement.

The Fair Work Commission approved the Allnex Wacol Union Collective Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Commission, and it would govern the employment conditions of the relevant employees. The decision provided clarity on the interpretation of the Fair Work Act in this context, ensuring that future collective agreements would be subject to similar scrutiny.

Allnex Resins Australia 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