Blowflex Mouldings Pty Ltd

[2022] FWCA 4299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Blowflex Mouldings Pty Ltd

(AG2022/5006)

Bega Penrith Blow Moulding Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 DECEMBER 2022

Application for approval of the Bega Penrith Blow Moulding Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Bega Penrith Blow Moulding Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Blowflex Mouldings Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd, a manufacturer of plastic products, and the Australian Manufacturing Workers' Union, as the representative of employees in the Bega Penrith Blow Moulding facility, sought approval of the Bega Penrith Blow Moulding Enterprise Agreement 2021 from the Fair Work Commission (FWC). The agreement proposed terms and conditions of employment for employees in the facility. The applicants argued that the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Australian Manufacturing Workers' Union, however, raised concerns about the agreement's provisions, particularly regarding pay rates and conditions.

The FWC was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the FWC had to consider whether the agreement was fair and reasonable, and whether it was appropriate for the employees covered by the agreement. The FWC also had to consider whether the agreement complied with the Fair Work (Transitional Provisions) Regulations 2009, which required that the agreement be certified as a single, indivisible agreement.

In determining whether the agreement was fair and reasonable, the FWC considered the evidence and submissions from both parties. The FWC found that the agreement was fair and reasonable, as it provided for a minimum wage increase and other benefits that were consistent with industry standards. The FWC also found that the agreement was appropriate for the employees covered by it, as it provided for clear and certain terms and conditions of employment. The FWC noted that the agreement complied with the Fair Work (Transitional Provisions) Regulations, as it was certified as a single, indivisible agreement.

Following its determination that the agreement met the criteria for approval, the FWC approved the Bega Penrith Blow Moulding Enterprise Agreement 2021. The approval means that the agreement is now a legally binding contract between the employer and the employees covered by it, and it will govern the terms and conditions of employment for those employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established