Colgate-Palmolive Pty Ltd Summary

[2025] FWCA 1212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Colgate-Palmolive Pty Ltd

(AG2025/818)

COLGATE-PALMOLIVE PTY LTD VILLAWOOD PLANT & AWU ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 APRIL 2025

Application for approval of the Colgate-Palmolive Pty Ltd Villawood Plant & AWU Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement to be known as the Colgate-Palmolive Pty Ltd Villawood Plant & AWU Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Colgate-Palmolive Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 April 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Colgate-Palmolive Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement with the Australian Workers’ Union. The agreement was for the Colgate-Palmolive Pty Ltd Villawood Plant. The primary dispute was whether the proposed agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter and had to decide whether the agreement was fair and reasonable.

The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act, and whether it provided for terms and conditions that were fair and reasonable. The Commission had to consider whether the agreement covered all required provisions, whether the agreement was negotiated in good faith, and whether it provided for a fair and reasonable balance of rights and obligations for both parties.

In reaching its decision, the Commission examined the provisions of the agreement, the process by which it was negotiated, and the evidence provided by both parties. The Commission noted that the agreement contained all the required provisions and was negotiated in good faith. The Commission also found that the agreement provided for a fair and reasonable balance of rights and obligations for both parties. The Commission was satisfied that the proposed agreement met the requirements of the Fair Work Act.

The Fair Work Commission approved the proposed agreement, finding it to be fair and reasonable and compliant with the Fair Work Act. The Commission certified the agreement, which will now apply to the employees of Colgate-Palmolive Pty Ltd at the Villawood Plant.

Colgate-Palmolive Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established