DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2019/4842)

BLOWFLEX MOULDINGS PTY LTD (TASMANIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2020

Application for approval of the Blowflex Mouldings Pty Ltd (Tasmania) - National Union of Workers Enterprise Agreement 2018

[1] Blowflex Mouldings Pty Ltd has made an application for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (Tasmania) - National Union of Workers Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The United Workers’ Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application concerned the approval of an enterprise agreement between Blowflex Mouldings Pty Ltd and the National Union of Workers. The matter was heard in the Fair Work Commission, with the union representing the employees and the company representing the employer. The enterprise agreement sought to establish terms and conditions of employment for the employees working for Blowflex Mouldings Pty Ltd in Tasmania.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was fairly and properly negotiated and if it met the criteria for approval under the Act. The Commission also considered whether the agreement would have an adverse effect on the employees or the employer.

The Fair Work Commission found that the agreement was fairly and properly negotiated and met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees, and it did not have an adverse effect on the employer or the employees. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and it would promote workplace harmony and productivity. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Blowflex Mouldings Pty Ltd (Tasmania) - National Union of Workers Enterprise Agreement 2018, and it came into effect on 1 April 2018. The agreement will apply to the employees of Blowflex Mouldings Pty Ltd in Tasmania and will govern their terms and conditions of employment. The Commission's decision provides certainty and stability for both the employees and the employer and promotes a productive and harmonious workplace.

Blowflex Mouldings Pty Ltd

DECISION

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Legal Principle Established