DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2016/6043)

BOSTIK AUSTRALIA PTY LTD (THOMASTOWN VICTORIA) ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 3 NOVEMBER 2016

Application for approval of the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2016-2019 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 3 November 2016 and, in accordance with s.54, will operate from 10 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Bostik Australia Pty Ltd, which was heard in the Fair Work Commission, involved the company and its employees. The primary issue was the application for approval of the Enterprise Agreement between Bostik Australia Pty Ltd and its employees, effective from 2016 to 2019. The application was brought forward to ensure that the agreement met the necessary legal standards and provided fair terms for both parties.

The legal issues the court had to address included whether the agreement contained all the required terms as outlined by the Fair Work Act, and whether it had been fairly and properly negotiated. Additionally, the court needed to assess whether the agreement would be beneficial to the employees and the company. The fairness of the agreement was scrutinized to ensure it did not disadvantage any party unduly.

In its decision, the Fair Work Commission found that the Enterprise Agreement met all the statutory requirements and was fairly negotiated. The court was satisfied that the agreement was beneficial to both the employees and the company, providing a fair balance of rights and obligations. The commission concluded that the agreement should be approved, as it did not contain any terms that would be detrimental to the employees or the company. The approval was granted, and the agreement was recognised as legally binding.

The final orders of the court were that the Enterprise Agreement between Bostik Australia Pty Ltd and its employees for the period 2016-2019 be approved and recognised as a valid agreement under the Fair Work Act. This decision ensured that the terms of the agreement would govern the employment relationship between the parties for the specified period.

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