Blowflex Mouldings Pty Ltd

[2013] FWCA 3839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2013/1413)

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

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 JUNE 2013

Application for approval of the Blowflex Mouldings Pty Ltd (Tasmania) - 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 (Tasmania) - 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] 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 24 June 2013. The nominal expiry date of the Agreement is 31 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Blowflex Mouldings Pty Ltd and the National Union of Workers, with the Fair Work Commission as the court. The union sought approval of an enterprise agreement that had been negotiated with the company. The agreement contained provisions regarding the employment of workers, including their conditions, terms, and pay. The company contested the approval of certain aspects of the agreement, arguing that they were not in line with fair work principles.

The legal issues before the court centred around whether the provisions of the agreement were consistent with the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests. The company argued that certain provisions were not fair and reasonable, and that they did not comply with the process requirements of the Act. The union, on the other hand, maintained that the agreement was fair and reasonable, and that it had been negotiated in good faith.

The court found that the agreement was consistent with the principles of the Act, and that it was fair and reasonable. The court considered the evidence presented by both parties and found that the agreement had been negotiated in good faith and that it provided for the protection of employees' rights and interests. The court also found that the process requirements of the Act had been followed, and that the agreement was therefore valid and binding. The court approved the agreement, subject to certain modifications to ensure that it complied with the Act.

The final orders of the court were that the enterprise agreement be approved, subject to the modifications made by the court. The court also ordered that the agreement be registered with the Fair Work Commission and that it be brought into effect on a specified date. The court's decision was binding on both parties and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established