DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Botanical Products Pty Ltd
(AG2016/7559)

AUSTRALIAN BOTANICAL PRODUCTS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the Australian Botanical Products and National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Australian Botanical Products and National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Botanical Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Australian Botanical Products Pty Ltd, sought approval of an enterprise agreement with the National Union of Workers. The matter was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union argued that certain provisions of the agreement were not in compliance with the Act, leading to a dispute over the fairness and legality of the proposed terms.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009 to the provisions of the enterprise agreement. Specifically, the union challenged the fairness of several clauses, including those relating to employment conditions, redundancy, and dispute resolution mechanisms. The Commission had to determine whether these provisions met the 'better off overall test' and complied with the statutory requirements for enterprise agreements.

In its decision, the Fair Work Commission examined the evidence presented by both parties and considered the principles of fairness and good faith bargaining. The Commission found that certain provisions of the agreement were indeed unfair and did not meet the legislative standards. However, after negotiating and amending specific clauses, the Commission concluded that the overall agreement was fair and should be approved. The Commission's reasoning was based on the substantial compliance of the agreement with the statutory requirements and the achievement of a balance that was deemed fair for all parties involved.

As a result, the Fair Work Commission approved the enterprise agreement subject to the amendments made during the hearing. The final orders included the approval of the agreement with specific modifications to certain provisions, ensuring compliance with the Fair Work Act 2009 and the protection of the rights of the employees and the employer.

Australian Botanical Products 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