Blowflex Mouldings Pty Ltd Summary

[2022] FWCA 1815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd

(AG2022/1424)

Bega Lenah Valley Blow Moulding Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JUNE 2022

Application for approval of the Bega Lenah Valley Blow Moulding Enterprise Agreement 2021

An application has been made by Blowflex Mouldings Pty Ltd pursuant to s.185 of the Fair Work Act 2009 for approval of a single enterprise agreement known as the Bega Lenah Valley Blow Moulding Enterprise Agreement 2021 (the Agreement).

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

The United Workers Union, 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 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd applied to the Fair Work Commission for the approval of the Bega Lenah Valley Blow Moulding Enterprise Agreement 2021. The application was made under the Fair Work Act 2009, and the matter was heard by Deputy President King. The agreement in question was entered into between Blowflex Mouldings and its employees, who are members of the Amalgamated Metal Workers Union. The dispute centred on whether the agreement met the requirements for approval under the Act, including whether it provided for appropriate minimum terms and conditions for the employees.

The legal issues the court had to decide were whether the agreement provided for the appropriate minimum terms and conditions for the employees and whether it complied with the requirements of the Fair Work Act. The court had to consider whether the agreement provided for a fair and reasonable outcome for both parties and whether it was consistent with the broader objectives of the Act. The court also had to consider whether the agreement provided for appropriate minimum terms and conditions for the employees, including minimum rates of pay, leave entitlements, and other conditions of employment.

The court found that the agreement provided for appropriate minimum terms and conditions for the employees and was consistent with the broader objectives of the Fair Work Act. The court noted that the agreement provided for a fair and reasonable outcome for both parties and that it was in line with the principles of the Act. The court also found that the agreement provided for appropriate minimum rates of pay, leave entitlements, and other conditions of employment. The court approved the agreement and noted that it would provide for a stable and productive workplace for both parties.

The Fair Work Commission approved the Bega Lenah Valley Blow Moulding Enterprise Agreement 2021, finding that it met the requirements of the Fair Work Act. The agreement will now provide the appropriate minimum terms and conditions for the employees and will ensure a fair and reasonable outcome for both parties. The approval of the agreement is expected to provide for a stable and productive workplace for both Blowflex Mouldings and its employees.

Blowflex Mouldings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established