DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BASF Australia Ltd
(AG2015/2867)

BASF AUSTRALIA LTD (SEVEN HILLS) AWU ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the BASF Australia Ltd (Seven Hills) AWU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
BASF Australia Ltd (Seven Hills) AWU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made BASF Australia Ltd. The agreement is a single enterprise agreement.

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

[3] 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.

[4] The Australian Workers’ Union, 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.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BASF Australia Ltd applied for approval of an enterprise agreement with the Australian Workers' Union (AWU). The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for "single interest" employer and "single interest" employee representatives, and whether it contained the "protected action provisions" mandated by the Act.

The Commission examined the structure and contents of the enterprise agreement, focusing on whether it was genuinely negotiated between the parties and whether it covered all relevant employees. BASF argued that the agreement was negotiated in good faith and was in the best interests of the employees. The AWU supported the application, asserting that the agreement fairly represented the employees' interests. The Commission found that the agreement was genuinely negotiated and met all legislative requirements. It also determined that the agreement was fair and reasonable, taking into account the needs and interests of the employees and the employer.

As a result, the Fair Work Commission approved the BASF Australia Ltd (Seven Hills) AWU Enterprise Agreement 2015. The agreement was certified as meeting the necessary legal standards and was deemed to be in the best interests of the employees and the employer. This decision ensures that the terms and conditions of employment are regulated under the certified agreement, providing a framework for industrial relations within BASF Australia Ltd.

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