Ecolab Pty Ltd
[2024] FWCA 3354
•26 SEPTEMBER 2024
| [2024] FWCA 3354 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ecolab Pty Ltd
(AG2024/3161)
ECOLAB PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 26 SEPTEMBER 2024 |
Application for approval of the Ecolab Pty Ltd & United Workers Union Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd & United Workers Union Enterprise Agreement 2023 (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.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 31 July 2023 and the Agreement was made on 7 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009, which appears at the end of the Agreement, is taken to be a term of the Agreement and will be the term that applies.
I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 7.3.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The United Workers’ Union 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2024. The nominal expiry date of the Agreement is 30 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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