Allnex Resins Australia Pty Ltd T/A Allnex

[2023] FWCA 2569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Allnex Resins Australia Pty Ltd T/A Allnex

(AG2023/2305)

ALLNEX WACOL UNION COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 23 AUGUST 2023

Application for approval of the Allnex Wacol Union Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the Allnex Wacol Union Collective Agreement 2023 (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 T/A Allnex (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

On 10 August 2023, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 11 and 13. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allnex Resins Australia Pty Ltd, trading as Allnex, applied to the Fair Work Commission for approval of the Allnex Wacol Union Collective Agreement 2023. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The nature of the dispute centred around the terms and conditions of employment in the collective agreement, particularly the provisions concerning shift patterns, overtime, and penalty rates.

The legal issues the court needed to address included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, and if it provided fair and equitable terms for both employees and the employer. Additionally, the court examined whether the agreement appropriately balanced the interests of the employees, as represented by the AMWU, and the operational needs of Allnex.

The court found that the agreement met the statutory requirements and provided fair terms. It was noted that the agreement contained provisions that aligned with the Fair Work Act's principles, including provisions for reasonable notice of shift changes, provisions for overtime, and adequate penalty rates. The court considered the submissions made by both parties and concluded that the agreement was fair and balanced. It held that the agreement provided employees with sufficient protections while also allowing Allnex to operate effectively. The court approved the Allnex Wacol Union Collective Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established