Blowflex Mouldings Pty Ltd

[2024] FWCA 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd

(AG2024/1253)

BEGA LENAH VALLEY BLOW MOULDING ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 29 APRIL 2024

Application for approval of the Bega Lenah Valley Blow Moulding Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Bega Lenah Valley Blow Moulding Enterprise Agreement 2023. (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 6 May 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the Bega Lenah Valley Blow Moulding Enterprise Agreement 2023. The application arose from negotiations between the company and the Australian Manufacturing Workers' Union, which aimed to establish terms and conditions for employees within the blow moulding sector. The primary dispute centred on the proposed agreement's compliance with the relevant legislative framework, particularly the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement met the statutory requirements for enterprise agreements under the Act, specifically the 'better off overall test'. This test mandates that the proposed agreement must provide employees with no less financial benefit than the applicable award or safety net award. Additionally, the Commission needed to determine if the agreement complied with procedural requirements, including adequate consultation with employees and the provision of a copy of the agreement to the Fair Work Ombudsman for scrutiny.

In its decision, the Commission examined the provisions of the proposed agreement and considered submissions from both parties. It found that the agreement did indeed meet the 'better off overall test', providing employees with enhanced benefits compared to the applicable award. Furthermore, the Commission was satisfied that the procedural requirements were met, as evidenced by the thorough consultation process and timely submission of the agreement to the Fair Work Ombudsman. Consequently, the Commission approved the Bega Lenah Valley Blow Moulding Enterprise Agreement 2023, thereby finalising the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established