DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2015/7891)

BLOWFLEX MOULDINGS PTY LTD (N.S.W.)- NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 FEBRUARY 2016

Application for approval of the Blowflex Mouldings Pty Ltd (N.S.W.)- National Union of Workers, New South Wales Branch Enterprise Agreement 2015 - 2018.

[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 2015 - 2018 (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 was approved on 15 February 2016 and, in accordance with s.54, will operate from 22 February 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417826 PR577040

Annexure A

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd, an employer, and the National Union of Workers, New South Wales Branch, a trade union, were parties in a dispute before the Fair Work Commission. The matter concerned the approval of an enterprise agreement between the parties, specifically the Blowflex Mouldings Pty Ltd (N.S.W.)- National Union of Workers, New South Wales Branch Enterprise Agreement 2015 - 2018. The union sought approval for the agreement, while the employer contested certain provisions, arguing they were not in accordance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically sections related to the process for approval and the terms that must be included. The Commission had to determine if the agreement was fairly negotiated and if it adhered to the requirements for approval, including provisions relating to employee entitlements, working conditions, and dispute resolution mechanisms. Additionally, the employer raised concerns about the fairness of certain clauses, questioning whether they provided adequate protection for employee rights and whether they were reasonable in the circumstances.

In its decision, the Commission examined the negotiation process and found that the agreement was fairly negotiated. It reviewed each contested clause to assess its compliance with the Act, considering the balance of rights and obligations between the parties. The Commission found that while some clauses were contentious, they did not contravene the Act and were reasonable in the context of the agreement. It approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment and included necessary dispute resolution processes. The Commission’s decision underscored the importance of ensuring that enterprise agreements are both fair and legally compliant.

The Fair Work Commission approved the Blowflex Mouldings Pty Ltd (N.S.W.)- National Union of Workers, New South Wales Branch Enterprise Agreement 2015 - 2018, with certain conditions and clarifications. The decision highlighted the importance of adhering to the Fair Work Act in the negotiation and approval of enterprise agreements, ensuring they are both fair and legally sound.

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