Allnex Resins Australia Pty Ltd T/A Allnex Summary

[2023] FWCA 168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd T/A Allnex

(AG2022/5448)

ALLNEX - BOTANY - ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 JANUARY 2023

Application for approval of the Allnex - Botany - Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Allnex - Botany - Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allnex Resins Australia Pty Ltd T/A Allnex (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Model flexibility clause

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Allnex Resins Australia Pty Ltd, trading as Allnex, applied for approval of the Allnex - Botany - Enterprise Agreement 2022. The application was made under section 233 of the Fair Work Act 2009. The agreement in question pertains to the terms and conditions of employment for workers at Allnex's Botany site. The application followed a vote by eligible employees, who expressed their approval of the agreement. The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval, as outlined in the Fair Work Act.

The Fair Work Commission examined the process by which the agreement was negotiated and whether it adhered to the requirements of the Act. This included assessing whether the agreement was negotiated in good faith, whether it was made without coercion, and whether it met the minimum standards set by the Act. The Commission also considered whether the agreement was supported by a majority of the employees, as evidenced by the vote. Additionally, the Commission examined the content of the agreement to ensure it was fair and reasonable, and whether it provided for the appropriate balance between the interests of the employer and employees.

After thorough consideration, the Commission found that the Allnex - Botany - Enterprise Agreement 2022 complied with all statutory requirements. The agreement was negotiated in good faith, without coercion, and was supported by a majority of the employees. The terms of the agreement were deemed fair and reasonable, and met the minimum standards prescribed by the Act. Consequently, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act. This decision ensures that the agreement will govern the employment terms and conditions for the employees at the Botany site, providing them with a legally binding framework for their working relationship with Allnex.

Allnex Resins Australia Pty Ltd T/A Allnex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established