Colgate-Palmolive Pty Ltd

[2018] FWCA 5554

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Colgate-Palmolive Pty Ltd

(AG2018/3464)

Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2018-2021

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colgate-Palmolive Pty Ltd. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Colgate-Palmolive Pty Ltd applied for the approval of an enterprise agreement that had been entered into with its employees at its Villawood Plant. The Fair Work Commission was the body responsible for hearing the application and determining whether the agreement should be approved. The legal issues that arose for consideration included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it contained the mandated minimum terms and conditions of employment.

The Commission found that the agreement was made in accordance with the requirements of the Act. It noted that the parties had engaged in genuine and meaningful bargaining, and that the agreement contained all the required terms and conditions. The Commission was satisfied that the agreement was fair and reasonable, and that it did not undermine the integrity of the safety net of minimum terms and conditions provided for by the Act. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The final orders of the Commission were that the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2018-2021 be approved as a registered agreement. The agreement was to be registered on the Register of Industrial Agreements, and would remain in force until the earlier of its expiry or the making of a new registered agreement in relation to the parties. The Commission also ordered that the application fees be paid by Colgate-Palmolive Pty Ltd within 28 days of the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established