DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bostik Australia Pty Ltd T/A Bostik Australia Pty Ltd
(AG2019/160)

BOSTIK AUSTRALIA PTY LTD (THOMASTOWN VICTORIA) ENTERPRISE AGREEMENT 2019 – 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2019 - 2023 (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 T/A Bostik Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bostik Australia Pty Ltd, trading as Bostik Australia Pty Ltd, applied to the Fair Work Commission for the approval of the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2019 - 2023. The dispute arose from the negotiation and approval of an enterprise agreement between the company and its employees. The Fair Work Commission heard the application, examining the fairness and compliance of the proposed agreement with relevant labour laws.

The legal issues before the Commission included whether the enterprise agreement provided fair and reasonable terms for the employees, including wages, hours of work, and other conditions. Additionally, the Commission had to determine if the agreement complied with the procedural requirements set out in the Fair Work Act 2009, such as the necessity of genuine bargaining and the provision of necessary information to the employees. The Commission also considered whether the agreement met the "better off overall test" to ensure that employees were not worse off financially under the new agreement compared to their previous conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement was fair and reasonable. The Commission determined that the agreement provided appropriate terms and conditions for the employees, including competitive wages and reasonable working hours. Furthermore, the Commission was satisfied that the agreement was the result of genuine bargaining and that all necessary information had been provided to the employees. The Commission also concluded that the employees would be better off overall under the new agreement. Consequently, the Commission approved the Bostik Australia Pty Ltd (Thomastown Victoria) Enterprise Agreement 2019 - 2023.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees at Bostik Australia Pty Ltd in Thomastown, Victoria, for the duration of the agreement. The employees were now bound by the terms of the approved agreement, and any disputes arising from its interpretation or implementation would be subject to the procedures outlined within the agreement and the Fair Work Act 2009.

Bostik Australia Pty Ltd T/A 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