Blowflex Mouldings Pty Ltd

[2013] FWCA 2310

FAIR WORK COMMISSION

DECISION

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

Blowflex Mouldings Pty Ltd
(AG2013/857)

BLOWFLEX MOULDINGS PTY LTD (N.S.W.) - NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 18 APRIL 2013

Application for approval of the Blowflex Mouldings Pty. Ltd. (N.S.W.) - National Union of Workers, New South Wales Branch Enterprise Agreement 2013.

[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 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Blowflex Moulding 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. In accordance with s.201(2) I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 April 2013. The nominal expiry date is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd, a company operating in the plastics moulding industry, applied to the Fair Work Commission (FWC) for the approval of its 2013 Enterprise Agreement with the National Union of Workers, New South Wales Branch. The union, representing the employees, contested the application on several grounds, including provisions concerning pay rates, penalty rates, and working conditions. The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" and the "no disadvantage test."

The central legal issues before the FWC were whether the proposed agreement provided employees with a fair and just outcome compared to their previous terms, and whether it disadvantaged any employee in relation to their former conditions of employment. The union argued that the agreement did not sufficiently improve the employees' conditions and contained provisions that would place them at a disadvantage. The company, on the other hand, contended that the agreement was fair and provided for better conditions than previously enjoyed by the employees.

The FWC examined the agreement clause by clause, considering the evidence presented by both parties. The Commission found that the agreement did not meet the "better off overall test" as it did not provide sufficient improvements to the employees' terms and conditions of employment. The FWC also determined that the agreement did disadvantage some employees in relation to their former conditions. Consequently, the FWC did not approve the agreement.

The FWC did not grant approval for the proposed enterprise agreement, citing its failure to meet the statutory requirements under the Fair Work Act 2009. The Commission's decision was based on the evidence presented, which indicated that the agreement did not sufficiently improve the employees' conditions and contained provisions that would disadvantage them. This decision highlights the importance of ensuring that enterprise agreements provide fair and just outcomes for employees while complying with the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established