Allnex Resins Australia Pty Ltd

[2017] FWCA 2038

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd

(AG2017/486)

Allnex – Springvale – Site Enterprise Agreement 2016

Manufacturing and associated industries
COMMISSIONER LEE	HOBART, 11 APRIL 2017

Application for approval of the Allnex - Springvale - Site Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Allnex - Springvale - Site 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.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 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 - Springvale - Site Enterprise Agreement 2016. The respondent, the National Tertiary Education Union, opposed the application, citing concerns about the agreement's provisions, particularly those related to employment conditions and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the necessary minimum terms and conditions and whether it was procedurally valid. The Commission needed to consider whether the agreement was made in good faith and whether it was properly certified by the Australian Building and Construction Commission. The Commission also examined whether the agreement adequately protected employees' rights and whether it complied with the relevant provisions of the Act.

After a thorough examination of the agreement and the submissions from both parties, the Commission concluded that the agreement met the statutory requirements. The Commission found that the agreement was made in good faith and that the certification process was valid. The Commission also determined that the agreement contained all the necessary minimum terms and conditions and that it provided adequate protections for employees. The procedural fairness and compliance with the Act were also upheld. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Allnex - Springvale - Site Enterprise Agreement 2016, finding it met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, the certification process was valid, and it contained all necessary minimum terms and conditions. The agreement was also found to provide adequate protections for employees and to comply with the Act. The approval was effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established