DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2016/5308)

ECOLAB PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Ecolab Pty Ltd & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd & National Union of 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 Ecolab 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] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecolab Pty Ltd applied for the approval of the Ecolab Pty Ltd & National Union of Workers Enterprise Agreement 2016. The application was brought to the Fair Work Commission, where the National Union of Workers argued that the agreement contained provisions that were not reasonably capable of being within the scope of an enterprise agreement. Ecolab Pty Ltd contended that the provisions were permissible and in line with the relevant legislative framework.

The legal issues before the Fair Work Commission involved determining whether specific provisions within the enterprise agreement were outside the scope of what could be contained in such an agreement. This required the Commission to consider the provisions in light of the applicable laws and precedents, particularly those related to the scope and permissible content of enterprise agreements under the Fair Work Act 2009. The Commission had to balance the rights and obligations of both the employer and the employees as outlined in the agreement.

The Fair Work Commission found that several provisions within the agreement exceeded the scope permissible under the Fair Work Act. These provisions were deemed to be outside the scope of what could be included in an enterprise agreement. Consequently, the Commission did not approve the agreement as it contained these impermissible provisions. The decision highlighted the importance of ensuring that enterprise agreements adhere strictly to the legislative framework governing their content and scope.

The final orders of the Commission included the refusal to approve the Ecolab Pty Ltd & National Union of Workers Enterprise Agreement 2016, with specific directions for the parties to address and amend the impermissible provisions before any future application for approval.

Ecolab 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