DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blowflex Mouldings Pty Ltd T/A Blowflex Mouldings
(AG2018/2929)

BLOWFLEX MOULDINGS PTY LTD (SOUTH AUSTRALIA) – NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Blowflex Mouldings Pty Ltd (South Australia) – National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (South Australia) – National Union of Workers Enterprise Agreement 2017 (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 T/A Blowflex Mouldings. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blowflex Mouldings Pty Ltd, trading as Blowflex Mouldings, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement was proposed between the company and the National Union of Workers. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement complied with the requirements of the Act and whether it was made in good faith and without coercion. The Commission was tasked with determining if the agreement met the criteria for approval as a certified agreement.

The legal issues included whether the agreement had been fairly negotiated and whether it contained all the mandated terms and conditions. The Commission had to consider if there was any evidence of unfair or coercive behaviour during the negotiation process. Additionally, it was necessary to ensure that the agreement was consistent with the provisions of the Fair Work Act and other relevant industrial instruments. The Commission also examined the extent to which the agreement provided for proper dispute resolution mechanisms and the protection of employees' rights.

The Fair Work Commission found that the agreement was made in good faith and without coercion. The Commission noted that the negotiation process was transparent and that all mandatory terms and conditions were included. It was satisfied that the agreement was consistent with the Fair Work Act and did not contravene any other industrial instruments. The Commission approved the agreement, highlighting its provisions for fair dispute resolution and the protection of employee rights. The approval was based on the evidence presented that the agreement was beneficial to both parties and aligned with the principles of the Act.

The Fair Work Commission approved the Blowflex Mouldings Pty Ltd (South Australia) – National Union of Workers Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees. The decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement met all legal requirements for certification.

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