DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd
(AG2017/1233)

ALLNEX - BOTANY - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2017

Application for approval of the Allnex - Botany - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allnex - Botany - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allnex Resins Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

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

[5] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allnex Resins Australia Pty Ltd applied to the Fair Work Commission for approval of the Allnex - Botany - Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers’ Union, which raised concerns about the agreement's impact on employees' conditions. The matter was heard by the Fair Work Commission, which needed to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in accordance with the relevant procedural requirements.

The Fair Work Commission examined the nature of the enterprise agreement and the process by which it was negotiated and finalised. It considered the arguments presented by both parties, focusing on the impact of the agreement on the employees' terms and conditions, including matters such as pay rates, hours of work, and other employment-related issues. The Commission also evaluated whether the agreement complied with the procedural requirements set out in the Fair Work Act, such as the necessity of good faith bargaining and the provision of relevant information to the parties involved.

After reviewing the evidence and arguments, the Fair Work Commission determined that the Allnex - Botany - Enterprise Agreement 2016 met the legal criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been made in accordance with the procedural requirements of the Fair Work Act. Consequently, the Commission approved the agreement, allowing it to take effect as intended.

The Fair Work Commission's final orders included the approval of the Allnex - Botany - Enterprise Agreement 2016, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that it be provided to all relevant parties, including the Australian Manufacturing Workers’ Union and the employees covered by the agreement. The decision was made binding on all parties, ensuring that the terms of the agreement would be implemented as approved.

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