Ecolab Pty Ltd Summary

[2025] FWCA 347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ecolab Pty Ltd

(AG2024/5288)

ECOLAB PTY LIMITED REVESBY ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 29 JANUARY 2025

Application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2024

Ecolab Pty Limited has applied for approval of an enterprise agreement known as the Ecolab Pty Limited Revesby Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

The Shop, Distributive and Allied Employees’ Association (“SDA”) was a bargaining representative for the Agreement. It supports the approval of the Agreement.

Ecolab has provided a written undertaking. A copy of the undertaking is attached in Annexure A. The SDA informed the Commission that the undertaking was acceptable to it. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.

Pursuant to s 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.

Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.

The SDA has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the SDA.

The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ecolab Pty Ltd recently had an application for approval of the Ecolab Pty Limited Revesby Enterprise Agreement 2024 heard in the Fair Work Commission. The applicant, Ecolab, sought approval for the proposed agreement which aimed to govern the employment terms and conditions of its employees at the Revesby site. The application was made under section 231 of the Fair Work Act 2009, which allows for the approval of enterprise agreements if they meet certain criteria, including that they provide for a direct communication procedure between the employer and employees.

The legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, whether it provided for a direct communication procedure, and whether it met the "better off overall test". This test required the Commission to determine if the employees were at least as well off, or better off overall, under the new agreement compared to their previous conditions. Additionally, the Commission had to ensure that the agreement did not discriminate against any group of employees.

The Commission found that the agreement was a bona fide enterprise agreement and that it included a direct communication procedure. The better off overall test was also satisfied, as the new agreement provided employees with improved terms and conditions, including better wages and conditions of employment. The Commission noted that the agreement did not disadvantage any particular group of employees, and therefore, met the requirements of the Act. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Ecolab Pty Limited Revesby Enterprise Agreement 2024, which will now govern the employment terms and conditions of employees at the Revesby site. This decision ensures that the employees will benefit from the improved terms and conditions outlined in the agreement, while also maintaining a direct communication procedure between the employer and employees.

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