DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd
(AG2021/4839)

BEGA DAIRY AND DRINKS SALISBURY BLOW MOULDING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 MAY 2021

Application for approval of the Bega Dairy and Drinks Salisbury Blow Moulding Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Bega Dairy and Drinks Salisbury Blow Moulding Enterprise Agreement 2020 (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.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Blowflex Mouldings Pty Ltd applied for the approval of the Bega Dairy and Drinks Salisbury Blow Moulding Enterprise Agreement 2020. The applicant is an employer, and Bega Dairy and Drinks is an employee organisation. The dispute centres on the terms and conditions of employment within the Salisbury Blow Moulding enterprise. The application seeks to formalise the agreement, which outlines various employment aspects including wages, working hours, and dispute resolution mechanisms.

The primary legal issues before the court involved the validity of the agreement's terms under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the statutory requirements for enterprise agreements, including the necessity of meeting the "better off overall test" and ensuring that the agreement does not discriminate against any class of employees. The court also examined whether the agreement appropriately facilitated the terms and conditions of employment without undermining the rights of the employees.

The Commission assessed the application by examining the procedural fairness of the agreement's negotiation process and the substantive fairness of its terms. It considered whether the agreement was made in good faith, without coercion, and if it provided a safety net of minimum entitlements. The Commission also looked into the "better off overall test," which required the agreement to provide employees with at least the same conditions as their previous awards or existing agreements. After thorough examination, the Commission found the agreement to be fair and approved it under the Fair Work Act.

The Fair Work Commission approved the Bega Dairy and Drinks Salisbury Blow Moulding Enterprise Agreement 2020, confirming its compliance with the statutory requirements. The decision recognised the agreement as valid, effective, and beneficial for both the employer and the employees, thus finalising the dispute.

Blowflex Mouldings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established