DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2016/1718)

ECOLAB PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and National Union of Workers 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 Ecolab 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 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 was approved on 7 September 2016 and, in accordance with s.54, will operate from 14 September 2016. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Ecolab Pty Ltd and the National Union of Workers, applied for the approval of their 2015 Enterprise Agreement. The application was brought before the Fair Work Commission (FWC), Australia's industrial relations tribunal. The dispute centred around the terms and conditions of employment within the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the Enterprise Agreement met the necessary standards for approval under the Fair Work Act. This included assessing whether the agreement contained the required 'protected action' provisions and whether it was made in good faith and without coercion. Additionally, the Commission had to determine if the agreement was free from any unlawful content and whether it was appropriately certified by the relevant union officials.

The Commission thoroughly reviewed the agreement, considering both the procedural and substantive elements. It was satisfied that the agreement was made in good faith and without coercion, and that it contained the necessary 'protected action' provisions. Furthermore, the Commission found that the agreement was free from any unlawful content and had been certified in accordance with the statutory requirements. Given these findings, the Commission approved the Enterprise Agreement, thereby resolving the applicants' application.

The Fair Work Commission approved the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2015, confirming its compliance with the statutory requirements under the Fair Work Act. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable.

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