DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecolab Pty Ltd
(AG2018/6005)

ECOLAB PTY LTD AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and Transport Workers Union 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 April 2019 and, in accordance with s.54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Transport Workers Union and Ecolab Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2018. The Transport Workers Union, acting on behalf of its members employed by Ecolab Pty Ltd, sought the Commission's endorsement of the enterprise agreement, which outlined the terms and conditions of employment for the workers. Ecolab Pty Ltd, an Australian corporation operating in the cleaning and hygiene industry, contested the application on several grounds, primarily concerning the agreement's compliance with statutory requirements.

The primary legal issues before the Commission were whether the enterprise agreement complied with the statutory provisions of the Fair Work Act 2009, including the need for proper bargaining, and whether the agreement contained terms that were contrary to the public interest or not genuinely negotiated. Additionally, the Commission had to consider whether the agreement met the requirements for a single-enterprise agreement and if it appropriately dealt with employee protections and entitlements.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, determined that the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2018 was compliant with the statutory requirements. The Commission found that the agreement was the product of genuine bargaining and did not contain any terms that were contrary to the public interest. It was concluded that the agreement appropriately addressed the terms and conditions of employment for the workers and adhered to the relevant provisions of the Fair Work Act 2009.

As a result, the Fair Work Commission approved the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2018, and the agreement came into effect as of the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees of Ecolab Pty Ltd.

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