Blowflex Mouldings Pty Ltd

[2013] FWCA 4672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2013/1412)

BLOWFLEX MOULDINGS PTY. LTD. (VICTORIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 JULY 2013

Application for approval of the Blowflex Mouldings Pty. Ltd. (Victoria) - 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. (Victoria) - 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) and was made by Blowflex Mouldings Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 19 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402372 PR538902>
APPENDIX A

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd sought approval of their Enterprise Agreement (EA) with the National Union of Workers, which was proposed to cover their employees in Victoria. The matter was brought before the Fair Work Commission, which had to determine whether the EA met the legal requirements for approval under the Fair Work Act 2009. The legal issues at hand involved whether the EA was genuinely an agreement between the employer and the union, whether it complied with the good faith bargaining requirements, and whether it contained all the necessary minimum terms and conditions as stipulated by the Act.

The Commission carefully examined the evidence and submissions presented by both parties. It considered whether the EA was genuinely negotiated and agreed upon by both parties in good faith. The Commission also evaluated whether the EA provided for the minimum entitlements as set out in the Act, including wages, hours of work, and other conditions of employment. Additionally, the Commission assessed whether the EA included any provisions that were contrary to public policy or could potentially undermine the safety and health of employees.

After thorough consideration, the Commission found that the EA was genuinely negotiated and agreed upon by both parties in good faith. It was also determined that the EA provided for all the minimum entitlements as required by the Act. The Commission approved the EA, noting that it contained provisions that were fair and reasonable, and did not contravene any public policy or pose any risks to employee safety and health. The EA was thus approved and registered, becoming a legally binding agreement between Blowflex Mouldings Pty Ltd and the National Union of Workers for the employees in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established