DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2019/3536)

BLOWFLEX MOULDINGS PTY LTD (N.S.W.), NATIONAL UNION OFWORKERS, NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 OCTOBER 2019

Application for approval of the Blowflex Mouldings Pty Ltd (N.S.W), National Union of Workers, New South Wales Branch Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (N.S.W), National Union of Workers, New South Wales Branch Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blowflex Mouldings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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. The undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 October 2019 and, in accordance with s.54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the dispute were Blowflex Mouldings Pty Ltd and the National Union of Workers, New South Wales Branch. The nature of the dispute pertained to the application for approval of the Blowflex Mouldings Pty Ltd (N.S.W), National Union of Workers, New South Wales Branch Enterprise Agreement 2018 - 2021. The court involved in this matter was the Fair Work Commission.

The legal issues that the court had to address were whether the enterprise agreement provided adequate provisions for the protection of employees' rights and interests, and whether the agreement met the requirements of the Fair Work Act 2009. The court also had to consider whether the agreement was in the best interests of the employees and the employer, and whether it complied with the relevant provisions of the Act.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, and that it met the requirements of the Fair Work Act 2009. The court held that the agreement provided adequate provisions for the protection of employees' rights and interests, and that it was in the best interests of both the employees and the employer. The court also found that the agreement complied with the relevant provisions of the Act, and approved the application for the agreement to be registered.

The court's decision was based on a thorough analysis of the agreement and the relevant provisions of the Fair Work Act 2009. The court found that the agreement provided for a fair and reasonable outcome for both the employees and the employer, and that it met the requirements of the Act. The court also found that the agreement was in the best interests of both parties, and that it complied with the relevant provisions of the Act. The court therefore approved the application for the agreement to be registered.

Blowflex Mouldings 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