DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2015/2592)

BOSTIK AUSTRALIA PTY LTD, (KINGS PARK, NSW) NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH AND AUSTRALIAN WORKERS UNION - GREATER UNION BRANCH, ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the Bostik Australia Pty Ltd, (Kings Park, NSW) National Union of Workers, New South Wales Branch and Australian Workers Union - Greater Union Branch, Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd, (Kings Park, NSW) National Union of Workers, New South Wales Branch and Australian Workers Union - Greater Union Branch, Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the National Union of Workers, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Bostik Australia Pty Ltd, the National Union of Workers, New South Wales Branch, and the Australian Workers Union - Greater Union Branch. The dispute centred around the approval of the Enterprise Agreement 2015-2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues that the commission had to address included whether the agreement was made in accordance with the relevant provisions of the Act, whether it contained all the necessary minimum terms and conditions, and whether it met the "better off overall test." This test required the commission to consider whether the agreement would provide employees with a minimum entitlement that was at least equal to their previous conditions of employment.

The commission examined the submissions made by the parties and the evidence presented. It determined that the agreement had been made in good faith and that it contained all the necessary minimum terms and conditions. The commission also found that the agreement met the better off overall test, as employees would receive a minimum entitlement that was at least equal to their previous conditions of employment. Based on these findings, the commission approved the Enterprise Agreement 2015-2017.

The Fair Work Commission approved the Enterprise Agreement 2015-2017, recognising that it had been made in good faith and contained all the necessary minimum terms and conditions. The commission also determined that the agreement met the better off overall test, and therefore, approved the agreement for operation.

Bostik Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established