Bostik Australia Pty Ltd Summary

[2013] FWCA 3278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd
(AG2013/6360)

BOSTIK AUSTRALIA PTY LTD, (KINGS PARK, NSW) NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH AND AUSTRALIAN WORKERS UNION - GREATER UNION BRANCH, ENTERPRISE AGREEMENT 2013-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 MAY 2013

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 2013-2014.

[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 2013-2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 30 May 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bostik Australia Pty Ltd, along with the National Union of Workers, New South Wales Branch and the Australian Workers Union - Greater Union Branch, applied to the Fair Work Commission for approval of their Enterprise Agreement 2013-2014. The agreement was challenged by the Australian Manufacturing Workers' Union, which argued that the proposed agreement failed to meet certain requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in compliance with the Act and should be approved.

The primary legal issues before the Commission were whether the proposed agreement adequately addressed the requirements of section 235 of the Act, including provisions for minimum wages and conditions, and whether it complied with the good faith bargaining provisions in section 186. The Commission had to assess the fairness and reasonableness of the proposed agreement, considering the economic and social context, and whether the agreement was made in good faith. Additionally, the Commission considered the impact of the agreement on the employees' rights and protections.

The Commission found that the proposed agreement met the requirements of the Act and was made in good faith. It noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic and social context. The Commission also found that the agreement did not undermine the rights and protections of the employees. Consequently, the Commission approved the Enterprise Agreement 2013-2014, finding it to be fair and reasonable and in compliance with the Act.

The Commission approved the Enterprise Agreement 2013-2014, subject to the terms and conditions outlined in the agreement. The approval was effective from the date of the decision and binding on all parties involved. The decision provided clarity and certainty for the employers and employees covered by the agreement, ensuring that it was in line with the requirements of the Fair Work Act 2009.

Bostik Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established