DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2019/196)

ECOLAB PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2019

Application for approval of the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2018 (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.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2018. The applicant, Ecolab Pty Ltd, sought approval of the agreement from the Fair Work Commission. The National Union of Workers, as the registered union, supported the application. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved by the Commission.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements set forth in the Fair Work Act. This included determining if the agreement had been fairly negotiated, if it contained the mandatory terms prescribed by the Act, and if it met the "better off overall test". The court had to ensure that the agreement did not undermine the safety net of minimum entitlements and provided a safety net for employees.

The court found that the agreement met all the necessary requirements for approval. It was determined that the agreement had been fairly negotiated and contained all the mandatory terms required by the Act. The court was satisfied that the agreement was better off overall for the employees, as it provided additional benefits without undermining the safety net of minimum entitlements. Consequently, the court approved the application and the Ecolab Pty Ltd and National Union of Workers Enterprise Agreement 2018 was accepted.

The court's final order was the approval of the enterprise agreement, which would now be binding on the parties involved. This decision provided clarity and certainty regarding the terms and conditions of employment for the employees covered by the agreement.

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