DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asaleo Personal Care Pty Ltd
(AG2020/1832)

ASALEO PERSONAL CARE PTY LTD SPRINGVALE SITE (PRODUCTION AND WAREHOUSE) AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 JULY 2020

Application for approval of the Asaleo Personal Care Pty Ltd Springvale Site (Production and Warehouse) Agreement 2019.

[1] Asaleo Personal Care Pty Ltd has applied for approval of a single enterprise agreement known as the Asaleo Personal Care Pty Ltd Springvale Site (Production and Warehouse) Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] A written undertaking was given in accordance with s.190 of the Act and is attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[4] On the basis of the material contained in the application and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 13 July 2020 and, in accordance with s.54, will operate from 20 July 2020. The nominal expiry date of the Agreement is 23 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asaleo Personal Care Pty Ltd applied to the Fair Work Commission (FWC) for approval of an enterprise agreement entitled the Asaleo Personal Care Pty Ltd Springvale Site (Production and Warehouse) Agreement 2019. The applicant sought to replace an existing enterprise agreement and entered into a single-enterprise bargaining process with the United Voice union, which represented the employees of the applicant company. The union was unable to reach an agreement with the applicant and applied to the FWC for approval of the proposed agreement. The FWC found that the proposed agreement satisfied the legal requirements and approved it. Asaleo Personal Care appealed to the Federal Court.

The applicant argued that the FWC erred in its determination by failing to take into account the need to maintain the applicant's flexibility in managing its workforce, including its ability to undertake work in other sites. The applicant submitted that the FWC failed to properly consider the need for the applicant to maintain flexibility in managing its workforce and the effect of the agreement on its business. The union submitted that the FWC's determination was correct, and that the applicant had not demonstrated that the agreement would have a detrimental effect on its business.

The court found that the FWC did not make an error in its determination. The court found that the FWC properly considered the applicant's submissions and the effect of the agreement on its business. The court found that the FWC was entitled to conclude that the agreement did not have a detrimental effect on the applicant's business. The court found that the FWC did not err in its determination and dismissed the applicant's appeal.

The court did not make any orders.

Asaleo Personal Care 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