DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DuPont (Australia) Pty Ltd
(AG2015/4407)

DUPONT AUSTRALIA PTY. LTD. - GIRRAWEEN - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the DuPont Australia Pty. Ltd. -Girraween - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DuPont Australia Pty. Ltd. – Girraween – Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DuPont (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The United Voice NSW Branch 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is 7 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DuPont (Australia) Pty Ltd applied to the Fair Work Commission for approval of the DuPont Australia Pty Ltd - Girraween Enterprise Agreement 2015. The dispute centred on the fairness and validity of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of workers at the Girraween facility. The primary legal issue the Commission had to address was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the proper classification of employees and if it included appropriate safeguards for the workers' rights and protections.

The Commission examined the process through which the agreement was negotiated and whether it was genuinely negotiated. It also considered if the agreement contained adequate provisions for minimum employment standards, such as wages, hours of work, leave entitlements, and other key terms. After thorough analysis, the Commission found that the agreement was fairly negotiated and contained provisions that adequately covered the required minimum standards. The Commission also confirmed that the agreement provided for appropriate safeguards and did not disadvantage the workers.

In conclusion, the Fair Work Commission approved the DuPont Australia Pty Ltd - Girraween Enterprise Agreement 2015, finding it met all necessary legal criteria. The Commission's decision was based on the comprehensive review of the negotiation process and the contents of the agreement, which aligned with the legislative requirements under the Fair Work Act 2009. The approval allows the agreement to take effect and govern the employment terms and conditions at the Girraween facility.

DuPont (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