DECISION

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

Blowflex Mouldings Pty Ltd
(AG2020/649)

BLOWFLEX MOULDINGS PTY LTD & UNITED VOICE (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 23 MARCH 2020

Application for approval of the Blowflex Mouldings Pty Ltd & United Voice (Western Australia) Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd & United Voice (Western Australia) Enterprise Agreement 2019-2023 (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.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2020. The nominal expiry date of the Agreement is 14 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with United Voice (Western Australia). The union had represented the workers in the negotiations, and both parties had executed the agreement in accordance with the Fair Work Act 2009. The application was contested by a third party, who raised concerns about certain provisions of the agreement.

The central issue before the Commission was whether the contested provisions were consistent with the national workplace relations system. The Commission had to determine if the provisions were contrary to the public interest or if they were not contrary to the public interest and in the best interests of the employees. The Commission considered the object of the Fair Work Act, which is to provide for a balanced and cooperative approach to workplace relations and to promote high levels of employment.

The Commission found that the contested provisions were not contrary to the public interest and were in the best interests of the employees. The provisions related to specific work arrangements and did not undermine the object of the Fair Work Act. The Commission also noted that the union had represented the workers in good faith and that the agreement had been negotiated in a transparent manner. The Commission approved the enterprise agreement, finding that it provided for a fair and reasonable outcome for all parties involved.

The Commission's decision highlights the importance of a balanced approach to workplace relations and the role of enterprise agreements in promoting cooperation between employers and employees. The Commission's approval of the enterprise agreement demonstrates its commitment to facilitating fair and reasonable outcomes in the workplace.

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