BASF Australia Ltd

[2014] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BASF Australia Ltd
(AG2014/3570)

BASF AUSTRALIA LTD (KWINANA) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 FEBRUARY 2014

Application for approval of the BASF Australia Ltd (Kwinana) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BASF Australia Ltd (Kwinana) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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) of the Act I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BASF Australia Limited sought approval of the BASF Australia Limited (Kwinana) Enterprise Agreement 2013 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for BASF Australia’s employees in Kwinana, Western Australia, and the extent to which the proposed agreement complied with the requirements of the Fair Work Act.

The primary legal issue for the Fair Work Commission to determine was whether the proposed enterprise agreement was in the public interest and met the criteria set out in section 233 of the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the principles of the national workplace relations system. The Commission also had to consider if the agreement adequately addressed matters such as minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms.

In evaluating the agreement, the Fair Work Commission considered the submissions and evidence provided by BASF Australia and the relevant unions. The Commission concluded that the proposed enterprise agreement was fair and reasonable and met the statutory requirements. The agreement provided for terms and conditions that were not detrimental to the employees, and it aligned with the broader objectives of the Fair Work Act. The Commission found that the agreement would promote harmonious, productive, and cooperative workplace relations and was in the public interest. Therefore, the Fair Work Commission approved the BASF Australia Limited (Kwinana) Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established