DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Colgate-Palmolive Pty Ltd
(AG2015/4998)

COLGATE-PALMOLIVE PTY LTD VILLAWOOD PLANT ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2015-2018 (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] 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.

[5] The Agreement was approved on 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Colgate-Palmolive Pty Ltd, sought approval of the Villawood Plant Enterprise Agreement 2015-2018 from the Fair Work Commission. The agreement was proposed as a means to regulate the employment terms and conditions of its workforce. The application was opposed by the Shop, Distributive and Allied Employees' Association, representing certain employees of the company. The dispute centred around the terms of the proposed agreement, particularly those concerning wages, hours of work, and other employment conditions.

The court was required to determine whether the proposed enterprise agreement was in the best interests of the employees and whether it complied with the relevant statutory provisions. This involved examining the agreement's provisions to ascertain if they met the criteria for an enterprise agreement under the Fair Work Act 2009. The court also had to consider the views and submissions of the parties involved, including the evidence provided by the applicant regarding the agreement's benefits and the opposition's concerns about potential negative impacts on employees.

In delivering the decision, the Fair Work Commission carefully analysed the agreement's provisions and the submissions from both parties. The court found that the proposed agreement met the statutory requirements and was in the best interests of the employees. The commission considered the evidence presented by the applicant, which demonstrated that the agreement would provide improved terms and conditions for the employees, including wage increases and enhanced working conditions. The opposition's concerns were also taken into account, but the commission concluded that the overall benefits of the agreement outweighed any potential negative impacts.

The Fair Work Commission approved the Colgate-Palmolive Pty Ltd Villawood Plant Enterprise Agreement 2015-2018, subject to certain conditions. The decision was made in the interest of the employees and in compliance with the relevant statutory provisions. The agreement was to be registered and would govern the employment terms and conditions of the workforce at the Villawood Plant from the specified period.

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