DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2018/3111)

BOSTIK AUSTRALIA PTY LTD, (KINGS PARK, NSW) AND THE AUSTRALIAN WORKERS UNION 2018-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Bostik Australia Pty Ltd, (Kings Park, NSW) and The Australian Workers Union 2018-2020.

[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 2018-2020 (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.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Bostik Australia Pty Ltd, and the Australian Workers Union. The dispute arose from an application for the approval of a bargaining agreement between the parties, covering the period from 2018 to 2020. The matter was heard in the Fair Work Commission.

The legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement promoted high wages and conditions, provided for the prompt and fair resolution of disputes, and contained provisions that were in the public interest. Additionally, the court had to determine whether the agreement was made in good faith and without coercion.

In delivering its decision, the court examined the provisions of the proposed agreement and considered submissions from both parties. The court found that the agreement promoted high wages and conditions, provided for the prompt and fair resolution of disputes, and contained provisions that were in the public interest. The court also found that the agreement was made in good faith and without coercion. As such, the court approved the agreement.

The Fair Work Commission approved the bargaining agreement between Bostik Australia Pty Ltd and the Australian Workers Union for the period from 2018 to 2020. The court found that the agreement met the criteria for approval under the Fair Work Act 2009 and was in the public interest. The agreement was made in good faith and without coercion, and the court considered that the provisions of the agreement were reasonable and fair. The approval of the agreement provides certainty for both parties and ensures that the rights and obligations of employees and employers are properly balanced.

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