Axalta Coating Systems Australia Pty Ltd

[2014] FWCA 7141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Axalta Coating Systems Australia Pty Ltd
(AG2014/8839)

AXALTA COATING SYSTEMS AUSTRALIA PTY LTD 2014-2017 ENTERPRISE AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Axalta Coating Systems Australia Pty Ltd 2014-2017 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Axalta Coating Systems Australia Pty Ltd 2014-2017 Enterprise Agreement (the Agreement). The application was made pursuant to s185 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.

[1] The Agreement was lodged within 14 days after it was made.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[3] United Voice, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Axalta Coating Systems Australia Pty Ltd, represented by their employees through the Transport and General Workers Union, sought approval of their Enterprise Agreement for the period 2014-2017. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the relevant legislative provisions, particularly in relation to the fair and reasonable standards for employees' wages and conditions.

The Commission examined the provisions of the agreement against the criteria set out in the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it provided for a fair and reasonable rate of pay and conditions for the employees. The Commission also considered the fairness of the agreement in light of the economic circumstances and the principles of enterprise bargaining.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the necessary criteria. The Commission was satisfied that the agreement was made in good faith and provided for fair and reasonable terms for the employees. The Commission noted that the agreement had been negotiated between parties with genuine bargaining power and that the terms reflected a fair balance of interests.

Consequently, the Commission approved the Axalta Coating Systems Australia Pty Ltd 2014-2017 Enterprise Agreement, allowing it to come into effect from the specified date. The approval ensured that the employees would benefit from the agreed terms and conditions of employment, as outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established