DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2016/2775)

BLOWFLEX MOULDINGS PTY LTD & UNITED VOICE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 APRIL 2016

Application for approval of the BLOWFLEX MOULDINGS PTY LTD & UNITED VOICE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the BLOWFLEX MOULDINGS PTY LTD & UNITED VOICE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015-2017 (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] 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 Voice 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 20 April 2016 and, in accordance with s.54, will operate from 27 April 2016. The nominal expiry date of the Agreement is 14 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd was a party to an enterprise agreement with United Voice (Western Australia). The enterprise agreement was set to expire, and the parties sought approval for a new agreement. The dispute arose when the company applied to the Fair Work Commission for approval of the new agreement. The nature of the dispute was whether the new agreement complied with the Fair Work Act 2009 and whether it was appropriately negotiated. The matter was heard in the Fair Work Commission.

The primary legal issue the Commission had to decide was whether the new agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it included the necessary minimum terms and conditions of employment. The Commission also needed to consider whether the agreement was appropriately negotiated and if it complied with the statutory provisions regarding fairness and other relevant criteria.

The Fair Work Commission determined that the new agreement was appropriately negotiated and met the statutory requirements for approval. The Commission found that the agreement contained the necessary minimum terms and conditions and that it was made in good faith. The Commission further found that the agreement was fair and balanced, taking into account the interests of both the employees and the employer. As a result, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the BLOWFLEX MOULDINGS PTY LTD & UNITED VOICE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015-2017 was approved, effective from the expiry of the previous agreement. The Commission's approval was based on the findings that the agreement was negotiated in good faith, met the statutory requirements, and was fair and balanced. The parties were directed to abide by the terms of the approved agreement.

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