Ecolab Pty Ltd Summary

[2021] FWCA 7169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2021/8770)

ECOLAB PTY LIMITED REVESBY ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 16 DECEMBER 2021

Application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Limited Revesby Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecolab Pty Ltd, an Australian corporation, applied to the Fair Work Commission for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2021. The application was opposed by the Shop, Distributive and Allied Employees' Association. The dispute centred around whether the agreement met the legal requirements for approval, particularly whether it was fairly negotiated and whether it complied with the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it contained all the terms required by the Act. The Commission had to assess the negotiation process, the fairness of the terms, and whether the agreement complied with the statutory minimum entitlements. The Commission also needed to consider whether the agreement would promote harmonious, productive and economic workplace relations.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and contained all the required terms. The Commission concluded that the negotiation process was fair, and the terms of the agreement were reasonable in all the circumstances. The Commission also found that the agreement did not undermine the statutory minimum entitlements and would promote harmonious, productive and economic workplace relations. Accordingly, the Commission approved the agreement, and it will now apply to the employees covered by the agreement from the effective date.

The Commission ordered that the Ecolab Pty Limited Revesby Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement will be registered with the Commission and will apply to the employees covered by the agreement from the effective date of the agreement. The Commission also ordered that the agreement be published on the Commission's website and that copies be provided to the parties.

Ecolab Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established