DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2015/7212)

ECOLAB PTY LIMITED REVESBY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Limited Revesby 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.

[4] The Shop, Distributive and Allied Employees Association 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417863 PR577122

Annexure A

CaseChat Overview and Summary

In the recent case of Ecolab Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2015. The applicant, Ecolab Pty Ltd, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute centred around the fairness and validity of the proposed enterprise agreement between the employer and its employees, specifically those classified as non-supervisory employees. The primary legal issues that the Commission had to address were whether the agreement met the statutory requirements for registration and whether it was fair and reasonable in terms of the matters prescribed by the Fair Work Act.

The Commission examined the procedural fairness of the agreement, considering the process by which it was negotiated and the extent to which employee representatives were involved. Additionally, the Commission assessed the substantive fairness of the agreement, focusing on whether it provided appropriate protections and benefits to the employees, including wages, hours of work, and other conditions of employment. The Commission also had to determine whether the agreement was free from any unfair content that might prejudice the employees' ability to bargain collectively. After a detailed review, the Commission found that the agreement was procedurally and substantively fair and did not contain any unfair content.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and that the employees had been adequately represented during the negotiation process. The Commission also found that the terms and conditions provided in the agreement were reasonable and balanced, offering appropriate protections and benefits to the employees. The Commission further concluded that the agreement did not contain any provisions that would undermine the employees' capacity to bargain collectively. As a result, the Fair Work Commission approved the Ecolab Pty Limited Revesby Enterprise Agreement 2015, allowing it to be registered and enforced as a binding enterprise agreement under the Fair Work Act.

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