DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axalta Coating Systems Australia Pty Ltd
(AG2017/2653)

AXALTA COATING SYSTEMS AUSTRALIA PTY LTD 2017 - 2019 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axalta Coating Systems Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] United Voice, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Axalta Coating Systems Australia Pty Ltd applied for the approval of the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement under section 174 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically the Full Bench of the Commission, composed of President Lowe, Commissioner Ryan, and Commissioner Williams. The dispute involved the terms and conditions of employment of employees working under the enterprise agreement, which was to be approved by the Commission.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act. This included whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement, whether it was in the best interests of the employees, and whether it complied with the relevant provisions of the Act. Additionally, the court had to consider the submissions from both the applicant and the objectors, including the Australian Manufacturing Workers Union and certain employees, who raised concerns about the agreement's provisions.

The Full Bench found that the proposed enterprise agreement was in the best interests of the employees. The Commission acknowledged the submissions made by the objectors but found that the agreement provided adequate protections and benefits for the employees. The court was satisfied that the agreement met the criteria set out in the Act, including the provision of a 20% increase in wages over the term of the agreement, adequate provisions for leave, and protections for redundancy and termination. The Commission also noted that the agreement provided for effective dispute resolution mechanisms. The Full Bench ultimately approved the enterprise agreement, determining that it complied with the relevant statutory provisions and was in the best interests of the employees.

The Fair Work Commission approved the Axalta Coating Systems Australia Pty Ltd 2017 - 2019 Enterprise Agreement, effective from 1 July 2017 for a period of three years. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The approval of the enterprise agreement ensures that the terms and conditions of employment are governed by the agreement rather than the applicable awards or registered agreements.

Axalta Coating Systems 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