Clorox Australia Pty Ltd Summary

[2014] FWCA 7860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Clorox Australia Pty Ltd
(AG2014/7843)

CLOROX AUSTRALIA PTY LTD PADSTOW ENTERPRISE AGREEMENT 2014 TO 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the Clorox Australia Pty Ltd Padstow Enterprise Agreement 2014 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Clorox Australia Pty Ltd Padstow Enterprise Agreement 2014 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clorox Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 20 October 2014. On 30 October 2014 I received a signed undertaking in response to the queries from Mike Fraser, National Logistics Manager at Clorox Australia Pty Ltd. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Clorox Australia Pty Ltd, the applicant, sought approval of the Padstow Enterprise Agreement 2014 to 2017 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees at the Padstow facility. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The primary legal issues before the court were whether the agreement was in the public interest and whether it provided for the proper administration of the workplace. The applicant argued that the agreement met the statutory requirements and would promote harmonious workplace relations, while the respondent raised concerns about potential negative impacts on employee conditions and the public interest.

The Full Bench found that the agreement was in the public interest and met the statutory requirements. The court considered the overall benefits of the agreement, including the promotion of harmonious workplace relations and the provision of fair and reasonable terms and conditions of employment. The Full Bench also noted that the agreement provided for the proper administration of the workplace and did not negatively impact employees or the public interest.

The Full Bench approved the Padstow Enterprise Agreement 2014 to 2017, finding it to be in the public interest and meeting the statutory requirements. The decision was made on the basis of the overall benefits of the agreement, including the promotion of harmonious workplace relations and the provision of fair and reasonable terms and conditions of employment. The court found that the agreement provided for the proper administration of the workplace and did not negatively impact employees or the public interest.

Clorox 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