Bostik Australia Pty Ltd

[2023] FWCA 2713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bostik Australia Pty Ltd

(AG2023/2563)

BOSTIK AUSTRALIA PTY LTD (THOMASTOWN VICTORIA) ENTERPRISE AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 25 AUGUST 2023

Application for approval of the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bostik Australia Pty Ltd. The Agreement is a single enterprise 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bostik Australia Pty Ltd, the Fair Work Commission considered an application for approval of an enterprise agreement. The agreement was proposed for employees of Bostik Australia Pty Ltd, located in Thomastown, Victoria, and was intended to cover a period from 2023 to 2026. The nature of the dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately made under the processes outlined by the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it contained the necessary minimum terms and conditions, and if it was free from prohibited content. The Commission also examined whether the process by which the agreement was made complied with the procedural fairness requirements of the Act.

The Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements. The Commission confirmed that the agreement was genuinely negotiated and contained the minimum terms and conditions as stipulated by the Fair Work Act 2009. Additionally, the agreement did not include any prohibited content. The process by which the agreement was made was deemed to be procedurally fair, with adequate representation and consultation provided to the employees. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2023 - 2026, mandating that it be registered with the Commission. This decision confirmed the agreement's validity and ensured that it would govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established