DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd T/A Blowflex Mouldings
(AG2021/8748)

BEGA DAIRY AND DRINKS CHELSEA BLOW MOULDING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 22 DECEMBER 2021

Application for approval of the Bega Dairy and Drinks Chelsea Blow Moulding Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bega Dairy and Drinks Chelsea Blow Moulding Enterprise Agreement 2021 (Agreement). The application was made by Blowflex Mouldings Pty Ltd T/A Blowflex Mouldings (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A of this decision (Undertaking). The views of each person I know is a bargaining representative were sought in relation to the Undertaking and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[6] 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement, specifically the Bega Dairy and Drinks Chelsea Blow Moulding Enterprise Agreement 2021. The application was brought by Blowflex Mouldings Pty Ltd, trading as Blowflex Mouldings, against the Fair Work Commission. The application centred around whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. The Fair Work Commission was the tribunal that heard and decided the matter.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the procedural requirements set out in the Fair Work Act 2009 and whether it contained the necessary protections for employees as per the Act. The Commission had to consider the process by which the agreement was negotiated, the fairness of the agreement to the parties involved, and whether it met the substantive requirements, such as minimum entitlements and protections. Additionally, the Commission had to ensure that the agreement did not contravene any relevant industrial instruments and provided adequate dispute resolution mechanisms.

In deliberating on these issues, the Commission examined the negotiation process and evidence presented by both parties. It found that the negotiation process was conducted in good faith and that the agreement was fair and reasonable. The Commission concluded that the proposed agreement complied with all procedural and substantive requirements under the Fair Work Act 2009. The agreement was deemed to provide adequate protections for employees and did not contravene any existing industrial instruments. Consequently, the Commission approved the Bega Dairy and Drinks Chelsea Blow Moulding Enterprise Agreement 2021 and ordered its registration.

Blowflex Mouldings Pty Ltd T/A Blowflex Mouldings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established