Ecolab Pty Ltd

[2022] FWCA 99

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecolab Pty Ltd

(AG2021/9053)

Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 13 JANUARY 2022

Application for approval of the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2021 (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.

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.

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 20 January 2022. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Ecolab Pty Ltd recently applied to the Fair Work Commission for the approval of an enterprise agreement with the United Workers Union. The company, a provider of water, hygiene and energy technologies and services, sought to formalise its relationship with its workforce through this agreement. The union, representing the employees, engaged in negotiations with the company to reach a mutually acceptable arrangement. The Commission was tasked with reviewing the agreement to ensure it met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement provided for the appropriate minimum terms and conditions, whether it complied with the good faith bargaining requirements, and whether it was made in accordance with the statutory process outlined in the Fair Work Act. The Commission also had to determine whether the agreement was in the best interests of the employees and whether it contained appropriate dispute resolution mechanisms. Furthermore, the Commission examined whether the union had genuinely represented its members in the bargaining process.

In reaching its decision, the Commission carefully considered the provisions of the Fair Work Act and relevant case law. It found that the agreement satisfied the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the union had genuinely represented its members and that the agreement was made in good faith. The Commission also noted that the agreement included appropriate dispute resolution mechanisms and was in the best interests of the employees. Based on these findings, the Commission approved the enterprise agreement, recognising it as a valid and enforceable contract between Ecolab Pty Ltd and the United Workers Union.

In approving the enterprise agreement, the Commission made an order that the agreement be registered and enforceable as a registered agreement under the Fair Work Act. This order ensures that the terms and conditions outlined in the agreement are legally binding on both parties, providing certainty and stability to the employment relationship. The approval of the enterprise agreement reflects the Commission's role in facilitating collective bargaining and promoting fair work practices in the workplace.

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Legal Principle Established