DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2021/4000)

BOSTIK AUSTRALIA PTY LTD, (KINGS PARK, NSW) AND THE AUSTRALIAN WORKERS UNION 2021-2023 AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 MARCH 2021

Application for approval of the Bostik Australia Pty Ltd, (Kings Park, NSW) and The Australian Workers Union 2021-2023 Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd, (Kings Park, NSW) and The Australian Workers Union 2021-2023 Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bostik Australia Pty Ltd and the Australian Workers Union regarding the approval of the 2021-2023 agreement. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The union and the employer sought to have their agreement, which covered terms and conditions of employment, certified as a registered agreement. This would give it the force of a legally binding award, applicable to all employees within its scope.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, specifically whether it was in the public interest to approve the agreement. This involved an examination of the terms of the agreement to ensure they were fair and reasonable, and did not undermine the existing protections for employees. The Commission also had to consider whether the agreement adequately provided for the resolution of disputes and the protection of employees' rights.

The Fair Work Commission concluded that the agreement did meet the necessary criteria for approval. The Commission found that the terms of the agreement were fair and reasonable, and did not undermine the existing protections for employees. The agreement provided for the resolution of disputes and the protection of employees' rights, and was in the public interest. The Commission approved the agreement, which will now be registered and will have the force of a legally binding award, applicable to all employees within its scope.

The Fair Work Commission approved the 2021-2023 agreement between Bostik Australia Pty Ltd and the Australian Workers Union. The agreement has been registered and will now be a legally binding award, applicable to all employees within its scope. The Commission found that the agreement was in the public interest and met the necessary criteria for approval under the Fair Work Act. The terms of the agreement were fair and reasonable, and provided for the resolution of disputes and the protection of employees' rights.

Bostik Australia 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