DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bayer Crop Science Pty Ltd
(AG2019/2054)

BAYER CROPSCIENCE PTY LTD PINKENBA SITE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 26 JULY 2019

Application for approval of the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Bayer Crop Science Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2019 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Definition of a Shift Worker;

• Paid Personal Leave/ Carer’s Leave; and

• Casual Employment.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The National Union of Workers (NUW), 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bayer Crop Science Pty Ltd applied for the approval of the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2019. The application was made under section 233 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the workers at the Pinkenba site. The relevant unions, the Maritime Union of Australia and the Transport Workers Union, opposed the application, arguing that the proposed agreement did not meet the requirements for modern awards and contained provisions that were unfair.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment, and if it complied with the relevant modern awards. The Commission had to consider the provisions of the proposed agreement, the evidence presented by both parties, and the implications for the workers' rights and obligations.

After a thorough examination of the evidence and arguments presented, the Commission found that the proposed agreement did not adequately protect the rights and interests of the employees. Specifically, the Commission noted that certain provisions in the agreement were less favourable than the applicable modern awards and did not provide for fair and reasonable terms and conditions of employment. Consequently, the application for approval was dismissed, and the existing enterprise agreement remained in force.

The Commission ordered that the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2019 be not approved and that the existing enterprise agreement continue to apply until such time as a new agreement is approved. This decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions of employment, in line with modern awards.

Bayer Crop Science Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established