DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BASF Australia Ltd
(AG2016/6963)

BASF AUSTRALIA LTD (KWINANA) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the BASF Australia Ltd (Kwinana) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BASF Australia Ltd (Kwinana) 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 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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 7 December 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BASF Australia Ltd applied to the Fair Work Commission for approval of the BASF Australia Ltd (Kwinana) Enterprise Agreement 2016. The application arose from negotiations between BASF Australia Ltd and its employees at the Kwinana site, which resulted in the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the terms and conditions of employment that were fair and better off overall for the employees covered by the agreement.

The legal issues before the Commission involved ensuring the agreement did not unfairly disadvantage employees, was free from prohibited content, and provided for a proper process for resolution of disputes. The Commission had to examine whether the agreement complied with minimum workplace entitlements, such as minimum rates of pay, leave entitlements, and other conditions. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and employees.

The Fair Work Commission found that the BASF Australia Ltd (Kwinana) Enterprise Agreement 2016 met the necessary criteria for approval. The agreement was deemed to be free from prohibited content and provided for terms and conditions that were fair and better off overall for the employees. The Commission was satisfied that the agreement included provisions for minimum entitlements and a dispute resolution process. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act 2009. The approval ensures that the agreement can be applied to the employees at the BASF Australia Ltd Kwinana site.

BASF Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established