Bayer MaterialScience Pty Ltd

[2013] FWCA 10010

The attached document replaces the document previously issued with the above code on 19 December 2013.

It is amended by the replacement of the 2nd page of Appendix A with the correct page.

Fran Cashman

Associate to Commissioner Ryan

Dated 19 December 2013

[2013] FWCA 10010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bayer MaterialScience Pty Ltd
(AG2013/11834)

BAYER MATERIAL SCIENCE PTY LTD CHELTENHAM AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Bayer MaterialScience Pty Ltd Cheltenham and the National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bayer MaterialScience Pty Ltd Cheltenham and the National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bayer Material Science Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 December 2013. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Bayer MaterialScience Pty Ltd, an employer, sought approval of a proposed enterprise agreement with the National Union of Workers. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including the provision of adequate employee protections and the absence of prohibited content.

The Commission considered whether the agreement adequately provided for employees' rights and entitlements, and whether it contained any provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act. The Commission found that the agreement met the legislative requirements and did not contain any provisions that would render it unlawful or unenforceable. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any content that was contrary to public policy or the provisions of the Fair Work Act.

Accordingly, the Commission approved the proposed enterprise agreement, subject to certain minor modifications to ensure compliance with the Act. The modifications related to the calculation of overtime and the provision of notice of termination. The employer and the union were directed to negotiate and finalise the modified agreement within a specified timeframe. Once the modified agreement was certified by the Commission, it would be approved and become legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established