DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blackmores Ltd T/A Blackmores
(AG2018/7257)

WORKING TOGETHER: BLACKMORES AND BIOCEUTICALS 2018 ENTERPRISE AGREEMENT

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 MAY 2019

Application for approval of the Working Together: Blackmores and BioCeuticals 2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Working Together: Blackmores and BioCeuticals 2018 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blackmores Ltd T/A Blackmores. The Agreement is a single enterprise agreement. The Agreement covers two employers, Blackmores Ltd T/A Blackmores and Fit-BioCeuticals Limited T/A BioCeuticals, that are related bodies corporate and therefore, pursuant to s.172(5) of the Act, are single-interest employers.

[2] The Employers have provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 1 May 2019 and, in accordance with s.54, will operate from 8 May 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blackmores Limited, trading as Blackmores, applied to the Fair Work Commission for the approval of the Working Together: Blackmores and BioCeuticals 2018 Enterprise Agreement. The applicant sought to have the agreement approved under the Fair Work Act 2009, with the application being heard by the Commission's Deputy President Dr. David Whyatt. The agreement in question was made between Blackmores and the BioCeuticals Employees’ Union, with the union representing a range of employees across various classifications within the company.

The legal issues before the Commission were primarily concerned with whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the interests of the employees it covered, if it was made in good faith, and if it complied with the relevant legislative provisions. The Commission also considered whether the agreement provided adequate protections for employees and if it facilitated efficient and productive workplace relations.

After reviewing the submissions from both parties, the Commission found that the agreement was in the best interests of the employees it covered. The agreement was deemed to have been made in good faith and was in compliance with the relevant legislative provisions. The Commission was satisfied that the agreement provided adequate protections for employees and facilitated efficient and productive workplace relations. Therefore, the Commission approved the Working Together: Blackmores and BioCeuticals 2018 Enterprise Agreement.

The final orders made by the Commission included the approval of the agreement, which will now be binding on the parties for the duration specified within the agreement. The agreement will provide the framework for the terms and conditions of employment for the employees covered by the agreement, including matters such as wages, hours of work, leave entitlements, and dispute resolution mechanisms.

Blackmores Ltd T/A Blackmores

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established