Ecolab Pty Ltd T/A Ecolab Pty Ltd

[2025] FWCA 277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ecolab Pty Ltd T/A Ecolab Pty Ltd

(AG2024/5236)

ECOLAB PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 23 JANUARY 2025

Application for approval of the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and United Workers Union Enterprise Agreement 2024 (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 T/A Ecolab Pty Ltd. The Agreement is a single enterprise agreement.

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.

An assessment of the Agreement has identified three clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:

a)Clause 11(c): Withholding monies at termination;
b)Clause 36: Unpaid carer’s leave; and
c)Clause 38: Compassionate leave (entitlement).

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ecolab Pty Ltd, trading as Ecolab Pty Ltd, applied for the approval of the Enterprise Agreement with the United Workers Union. The union represents the employees of Ecolab, and the proposed agreement sets out the terms and conditions of employment for those workers. The dispute centred on whether the agreement complied with the statutory requirements and whether it appropriately balanced the interests of both the employer and the employees.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable rate of pay, working hours, and conditions, and whether it complied with the mandatory provisions of the Fair Work Act 2009. Additionally, the Commission considered whether the agreement was made in good faith and whether the union had genuinely represented its members in the bargaining process.

The Commission found that the agreement met the statutory requirements and appropriately balanced the interests of both parties. The proposed rates of pay and conditions were considered fair and reasonable, taking into account the economic climate and the specific nature of the industry. The Commission was satisfied that the agreement was made in good faith and that the union had genuinely represented its members in the bargaining process. Consequently, the Fair Work Commission approved the Enterprise Agreement between Ecolab Pty Ltd and the United Workers Union.

The Commission's decision was communicated to the parties, and the approved Enterprise Agreement is now in effect. This agreement will govern the terms and conditions of employment for the employees represented by the United Workers Union at 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