Clariant (Australia) Pty Ltd Summary

[2021] FWCA 1435

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Clariant (Australia) Pty Ltd

(AG2021/4069)

Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 17 MARCH 2021

Application for approval of the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020.

Clariant (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020 (the Agreement).

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.

The Agreement is approved and will operate from 24 March 2021. The nominal expiry date of the Agreement is 31 December 2022.

The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was made by Clariant (Australia) Pty Ltd, a company involved in the manufacturing of chemicals, for the approval of the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020. The dispute centred around the terms of a proposed enterprise agreement, which was intended to cover employees working at the company's Lara site. The company sought to introduce a range of changes to the existing employment conditions, which were opposed by the Australian Manufacturing Workers' Union. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission needed to consider whether the agreement contained all the prescribed terms, whether it provided for fair and reasonable terms, and whether the bargaining process was genuine. Furthermore, the Commission had to assess whether the agreement complied with the better off overall test, ensuring that employees were not worse off financially by the terms of the agreement.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The Commission concluded that the agreement contained all the prescribed terms and provided for fair and reasonable terms of employment. The bargaining process was deemed to be genuine, and the agreement was considered to be better off overall for the employees. The Commission was satisfied that the agreement provided for appropriate compensation, benefits, and working conditions, and that the proposed changes would not adversely affect the employees' overall financial position. Consequently, the Commission approved the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020.

The final orders of the Commission included the approval of the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2020, with the agreement to be registered with the Fair Work Commission. The agreement was to come into effect on the first day of the first pay period commencing after the registration of the agreement. The Commission also ordered that the agreement would be binding on all employees covered by the agreement, as well as the employer. The decision confirmed the legality and effectiveness of the proposed changes to the employment conditions at the Lara site.

Clariant (Australia) Pty Ltd

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