Bayer CropScience Pty Ltd

[2016] FWCA 6734[Note: a correction has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bayer CropScience Pty Ltd

(AG2016/4329)

Bayer CropScience Pinkenba Site Enterprise Agreement 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Bayer CropScience Pty Ltd Pinkenba Site 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 Bayer CropScience Pty Ltd. The Agreement is a single enterprise agreement.

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

The Agreement was approved on 20 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 19 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bayer CropScience Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The proposed agreement was to be applied to the Pinkenba Site of Bayer CropScience. The nature of the dispute centred on whether the agreement met the necessary legal requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly in relation to the procedural fairness and the substantive provisions of the agreement. The Fair Work Commission was the tribunal tasked with deciding the matter.

The legal issues before the Commission included whether the agreement was made in good faith and whether the agreement met the requirements of procedural fairness. Additionally, the Commission had to determine if the agreement contained terms that were consistent with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission considered the implications of the agreement on employee entitlements, working conditions, and other terms that could potentially impact the workforce.

The Commission found that the agreement was made in good faith and that the process followed was procedurally fair. It was noted that the agreement contained provisions that were consistent with the Fair Work Act and the Fair Work Regulations, and it was deemed to be fair and reasonable in all its terms. The Commission approved the enterprise agreement, finding that it met all the necessary legal requirements.

In summary, the Fair Work Commission approved the Bayer CropScience Pty Ltd Pinkenba Site Enterprise Agreement 2016, finding that it was made in good faith, followed the necessary procedural fairness, and contained terms that were consistent with the Fair Work Act and the Fair Work Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established