Blowflex Mouldings Pty Ltd Summary

[2013] FWCA 7135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2013/2658)

BLOWFLEX MOULDINGS PTY LTD (SOUTH AUSTRALIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 SEPTEMBER 2013

Application for approval of the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2012 (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 undertakings in the following terms:

“1. The version of the agreement provided to the employees for voting was presented exactly the same as the signed PDF file: “EBA-SA-2012 Signed”.

2. The Excel file provided: “BF SA Pay Rates cw Class” was provided separately to both versions in the application submission and was also provided to the National Union of Workers (the employees representatives) well before the vote, in January 2013.

3. The wage schedule attached with the application and referenced in “Undertaking 2” contains the wage rates applicable under the agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2012. The application was opposed by the union. The dispute was before the Commission in its general division. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The key legal issue was whether the agreement contained terms that would have an adverse effect on employees, contrary to section 235 of the Act. The union argued that certain terms in the agreement, such as those relating to hours of work, shift patterns, and penalties for breaches of work rules, were overly prescriptive and would negatively impact employees. The employer contended that the terms were necessary to maintain operational efficiency and safety within the workplace.

The Commission found that the agreement did not contain terms that would have an adverse effect on employees. It determined that the provisions in question were reasonable and necessary to ensure the safe and efficient operation of the workplace. The Commission emphasised that the agreement was the product of genuine bargaining between the parties and that it provided for fair and reasonable terms and conditions of employment. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2012, finding that it did not contain terms that would have an adverse effect on employees. The agreement was deemed to be the result of genuine bargaining and to provide for fair and reasonable terms and conditions of employment.

Blowflex Mouldings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established