DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allnex Resins Australia Pty Ltd
(AG2021/3926)

ALLNEX WACOL UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 10 MARCH 2021

Application for approval of the Allnex Wacol Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allnex Wacol Union Collective Agreement 2020 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union (AWU) being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AWU

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

17 March 2021. The nominal expiry date of the Agreement is 15 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allnex Resins Australia Pty Ltd sought approval for the Allnex Wacol Union Collective Agreement 2020, a document that outlines the terms and conditions of employment for unionised workers at its Wacol manufacturing facility. The dispute was heard in the Fair Work Commission. The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the agreement's compliance with the "better off overall test" under section 235 of the Act. The Commission had to determine whether the agreement had been fairly negotiated and whether it provided employees with terms and conditions that were at least as good as those they had previously enjoyed.

In examining the evidence, the Commission assessed the process of negotiation, including the involvement of the Australian Manufacturing Workers' Union and the fairness of the consultation with the employees. It also considered whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement was made in good faith and whether it was better off overall for the employees. The Commission found that the negotiation process was generally fair and that the agreement met the better off overall test, as it provided employees with improved conditions without any detriment.

Consequently, the Commission approved the Allnex Wacol Union Collective Agreement 2020, finding that it was fairly negotiated and provided employees with terms and conditions that were at least as good as those they had previously enjoyed. The decision was made on the basis that the agreement did not disadvantage the employees and that it was in accordance with the legislative requirements. The Commission's approval of the agreement was based on the evidence presented, which demonstrated that the agreement was beneficial for the employees and was negotiated in good faith.

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