Enaex Australia Pty Ltd Summary

[2023] FWCA 455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enaex Australia Pty Ltd

(AG2023/29)

Enaex Australia Bajool (Storage and Emulsion Plant Manufacturing Facility – Qld) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the Enaex Australia Bajool (Storage and Emulsion Plant Manufacturing Facility – Qld) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Enaex Australia Bajool (Storage and Emulsion Plant Manufacturing Facility – Qld) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enaex Australia Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

I note that Clauses 5.2.3 and 5.10 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Australian Manufacturing 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 21 February 2023. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Enaex Australia Pty Ltd sought approval from the Fair Work Commission for the Enaex Australia Bajool (Storage and Emulsion Plant Manufacturing Facility – Qld) Enterprise Agreement 2022. The application was brought in the context of the parties' ongoing industrial relations dispute. The applicant, Enaex Australia, is an employer engaged in manufacturing activities in Queensland, while the respondents included various trade unions representing the employees of the company.

The legal issues before the court revolved around whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it must be "better off overall" for the employees covered by the agreement. The court also needed to consider whether the agreement met the procedural requirements for its approval, such as the provision of necessary documents and the opportunity for relevant parties to be heard.

The court found that the proposed enterprise agreement was consistent with the statutory requirements and provided a better overall outcome for the employees. The agreement included provisions for wages, conditions of employment, and dispute resolution mechanisms that were deemed fair and reasonable. The court also confirmed that all procedural requirements for the approval of the agreement had been satisfied. Consequently, the court approved the enterprise agreement.

The final orders of the court included the approval of the Enaex Australia Bajool (Storage and Emulsion Plant Manufacturing Facility – Qld) Enterprise Agreement 2022, subject to the terms and conditions set out in the agreement. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its provisions.

Enaex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established