DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colgate-Palmolive Pty Ltd
(AG2015/5915)

PALMOLIVE PTY LTD LABRADOR PLANT ENTERPRISE AGREEMENT 2015 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Colgate-Palmolive Pty Ltd Labrador Plant Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Colgate-Palmolive Pty Ltd Labrador Plant Enterprise Agreement 2015 - 2017 (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.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Colgate-Palmolive Pty Ltd applied to the Fair Work Commission for approval of the Labrador Plant Enterprise Agreement 2015-2017, which had been negotiated with the Shop, Distributive and Allied Employees' Association. The union, represented by the applicant, sought to have the agreement approved. The dispute centred on the terms of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement met the criteria for being a "registered" agreement and if it was in the best interests of the employees.

The Commission examined the process by which the agreement was negotiated and the content of its provisions. It found that the agreement was the product of genuine bargaining between the parties, and it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements for registration and that it would benefit the employees by providing them with fair and equitable terms of employment. The Commission approved the agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Labrador Plant Enterprise Agreement 2015-2017, finding that it was a genuine agreement that met the requirements of the Fair Work Act. The agreement was approved as a registered agreement, and it will now apply to the employees of Colgate-Palmolive Pty Ltd at the Labrador plant. The approval of the agreement provides certainty and stability for both the employees and the employer, and it ensures that the employees will receive fair and equitable terms of employment.

Colgate-Palmolive 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