DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ecolab Pty Ltd
(AG2019/2162)

ECOLAB PTY LIMITED REVESBY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 24 JULY 2019

Application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Ecolab Pty Limited(the applicant) for the approval of an enterprise agreement known as the Ecolab Pty Limited Revesby Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Ecolab Pty Ltd applied for the approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2018. The Fair Work Commission (FWC) was the court that heard the application. The applicant, Ecolab, is an employer and the respondents were the unions representing the employees. The dispute revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues that the FWC had to decide included whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in accordance with the provisions of the Act.

The FWC examined the agreement to determine if it contained the necessary terms and conditions that were fair and reasonable. The commission considered the process by which the agreement was made, including whether there was genuine bargaining between the parties, and whether the agreement was free from any improper conduct. The FWC also assessed whether the agreement provided for appropriate mechanisms for dispute resolution and if it included provisions for the protection of employees' rights. After careful consideration, the FWC found that the agreement did meet the requirements for approval under the Act. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and it was made in accordance with the provisions of the Act.

The FWC approved the Ecolab Pty Limited Revesby Enterprise Agreement 2018, noting that it contained provisions that were fair and reasonable and met the requirements of the Act. The commission found that the agreement was made through genuine bargaining and was free from any improper conduct. The agreement provided for appropriate mechanisms for dispute resolution and included provisions for the protection of employees' rights. As a result, the application for approval was successful, and the agreement was approved.

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