BASF Australia Ltd

[2018] FWCA 305

[2018] FWCA 305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BASF Australia Ltd
(AG2017/6077)

BASF AUSTRALIA LTD (SEVEN HILLS) AWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	WODONGA, 16 JANUARY 2018

Application for approval of the BASF Australia Ltd (Seven Hills) AWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BASF Australia Ltd (Seven Hills) AWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BASF Australia 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] 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.

[5] The Agreement lodged contained an error at clause 51.2. On 15 January 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act removing clause 51.2. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Workers’ Union 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.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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Annexure A