DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2014/10697)

BOSTIK (THOMASTOWN VICTORIA) - NATIONAL UNION OF WORKERS AGREEMENT 2014-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Bostik (Thomastown Victoria) - National Union of Workers Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bostik (Thomastown Victoria) - National Union of Workers Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bostik Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

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

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case of Bostik Australia Pty Ltd involved a dispute between the employer, Bostik Australia Pty Ltd, and the employees represented by the National Union of Workers regarding the approval of a proposed enterprise agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue was whether the proposed agreement, which contained various terms and conditions of employment, complied with the statutory requirements set out in the Fair Work Act 2009. This involved examining if the agreement was "better off overall" for the employees, as mandated by the legislation, and if it met the "good faith" requirements necessary for such agreements. Additionally, the court had to consider whether the agreement adhered to the procedural standards for enterprise agreements under the Act.

The Fair Work Commission found that the proposed agreement was fair and met the "better off overall" test, as it provided employees with improved terms and conditions compared to their previous arrangements. The Commission also determined that the agreement was made in good faith and followed the necessary procedural requirements. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.

As a result of the Commission's decision, the Bostik (Thomastown Victoria) - National Union of Workers Agreement 2014-2016 was approved and became legally binding. This decision provided certainty for both the employer and the employees, ensuring that the terms and conditions of employment were properly regulated and enforceable under the Fair Work Act 2009.

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