DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allnex Resins Australia Pty Ltd T/A Allnex
(AG2019/4433)

ALLNEX – BOTANY – ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Allnex - Botany - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allnex – Botany – Enterprise Agreement 2019 (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).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. 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.

[4] 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.

[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Mr Blake Adair-Roberts, Trade Union Officer of the Australian Workers Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[7] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Allnex Resins Australia Pty Ltd, trading as Allnex, applied to the Fair Work Commission for approval of the Allnex - Botany - Enterprise Agreement 2019. The application was contested by the United Voice union, which represented some of the employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, particularly those concerning wages, hours of work, and other employment-related matters. The Fair Work Commission, as the body responsible for overseeing and approving enterprise agreements, was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it provided for the proper payment of wages and conditions, and whether it met the other statutory criteria for approval under the Fair Work Act. The Commission examined the process by which the agreement was negotiated, the provisions of the agreement itself, and the submissions from both Allnex and the union. It also considered the impact of the agreement on the employees and whether the agreement provided for a fair and reasonable outcome.

The Commission found that the agreement was genuinely negotiated and met all the statutory criteria for approval. It held that the process of negotiation was robust and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to the proper payment of wages and conditions. Consequently, the application for approval of the Allnex - Botany - Enterprise Agreement 2019 was approved.

The Commission issued an order approving the Allnex - Botany - Enterprise Agreement 2019, effective from the date of the order. The union's objections were dismissed, and the agreement was authorised to be in operation from the date of the Commission's decision.

Allnex Resins Australia Pty Ltd T/A Allnex

DECISION

Appendix A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established