DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2016/3121)

BLOWFLEX MOULDINGS PTY LTD (TASMANIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Blowflex Mouldings Pty Ltd (Tasmania) - National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (Tasmania) - National Union of Workers Enterprise Agreement 2015 (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 Applicant 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.

[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] 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 is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd applied for approval of their enterprise agreement with the National Union of Workers. The dispute was heard by the Fair Work Commission, with Commissioner McCabe presiding. The applicant, Blowflex Mouldings Pty Ltd, sought approval for the agreement, which was negotiated with the union. The union, National Union of Workers, did not oppose the application but raised concerns regarding the provisions related to employee entitlements and working conditions.

The key legal issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009 for being a "registered agreement". This involved assessing if the agreement contained the necessary "protected action provisions", if it was made in good faith and whether it provided for the fair and efficient resolution of disputes. The Commission also had to consider the union's concerns about certain provisions to ensure that they did not undermine the employees' rights.

Commissioner McCabe found that the agreement was made in good faith and contained the necessary protected action provisions. The provisions challenged by the union were examined to ensure they did not unfairly disadvantage employees. The Commission concluded that the agreement was fair and met all the legal requirements for approval. The concerns raised by the union were addressed satisfactorily, and no provisions were found to be contrary to the public interest.

The Fair Work Commission approved the application for the enterprise agreement, which will now be registered under the Fair Work Act 2009. The agreement will apply to the employees of Blowflex Mouldings Pty Ltd in Tasmania and will be in effect for the duration specified within the agreement. The approval ensures that the terms and conditions of employment, as negotiated between the parties, are legally binding and enforceable.

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