DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chemcolour Industries Australia Pty Ltd
(AG2016/6931)

CHEMCOLOUR INDUSTRIES AUSTRALIA (ST MARY’S SITE) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Chemcolour Industries Australia (St Mary’s Site) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Chemcolour Industries Australia (St Mary’s Site) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chemcolour Industries 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 17 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chemcolour Industries Australia Pty Ltd was the subject of an application before the Fair Work Commission for approval of the Chemcolour Industries Australia (St Mary’s Site) Enterprise Agreement 2017. The applicant, Chemcolour Industries, sought to have the agreement approved under section 231 of the Fair Work Act 2009. The dispute arose due to objections from a union, the Transport and General Workers Union, which argued that the agreement did not meet the necessary standards for fair and equitable terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the "better off overall test" as stipulated by section 235 of the Fair Work Act and whether it contained all the mandatory terms required by the Act. The Commission had to assess if the proposed agreement provided employees with terms and conditions that were at least as good as the applicable award or registered agreement, and if it contained all necessary provisions such as minimum rates of pay, penalty rates, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission, after thorough examination, found that the agreement did indeed meet the better off overall test. The Commission determined that the proposed agreement provided employees with terms and conditions that were at least as good as, if not better than, those provided by the relevant award. Additionally, the agreement included all mandatory terms required by the Fair Work Act, including provisions for minimum rates of pay, penalty rates, leave entitlements, and a dispute resolution mechanism. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act.

In approving the agreement, the Commission made an order that the Chemcolour Industries Australia (St Mary’s Site) Enterprise Agreement 2017 be approved and registered as a registered agreement under the Fair Work Act. This decision was made in accordance with the findings that the agreement satisfied the statutory requirements for approval and provided fair terms and conditions for the employees involved.

Chemcolour Industries 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