Ecolab Pty Ltd

[2021] FWCA 6586

[2021] FWCA 6586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2021/8034)

ECOLAB PTY LTD AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	HOBART, 8 NOVEMBER 2021

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

[1] Ecolab Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 October 2021.

[3] On 29 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought an amended employer signature that contained the employer’s address to ensure regulation 2.06A of the Fair Work Regulations has been satisfied.

•  The dispute resolution term at clause 11 of the Agreement did not provide for parties to be represented at any stage throughout the dispute resolution process.

[4] The employer has submitted an undertaking in the required form dated 2 November 2021. The undertaking deals with the following topics:

•  The employer has undertaken that an employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of the dispute resolution term at clause 11 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 May 2025.

COMMISSIONER

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