DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dow Chemical Australia Pty Ltd
(AG2016/1533)

DOW CHEMICAL (AUSTRALIA) MAINTENANCE WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Dow Chemical (Australia) Maintenance Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dow Chemical (Australia) Maintenance Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dow Chemical Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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. 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.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Dow Chemical Australia Pty Ltd applied for approval of the Dow Chemical (Australia) Maintenance Workers Enterprise Agreement 2016. The application was made to the Fair Work Commission, which had the authority to approve the agreement under section 232 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union, which argued that the agreement did not meet the "better off overall test" required for approval.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace relationship, and whether it was better off overall for the employees covered by the agreement compared to the relevant award or safety net. The court also needed to consider whether the agreement was made in good faith and whether it provided for proper dispute resolution mechanisms.

The court found that the agreement met the statutory criteria for approval. It held that the agreement provided for a fair and efficient workplace relationship, and that the employees would be better off overall under the agreement compared to the relevant award or safety net. The court also found that the agreement was made in good faith and provided for proper dispute resolution mechanisms. As a result, the court approved the agreement.

The final orders of the court were that the Dow Chemical (Australia) Maintenance Workers Enterprise Agreement 2016 be approved as a registered agreement under section 176 of the Fair Work Act 2009. The agreement was approved with effect from 1 March 2016.

Dow Chemical Australia 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