Etex Australia Pty Ltd

[2021] FWCA 7158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Etex Australia Pty Ltd
(AG2021/8449)

ETEX PLASTERBOARD [MATRAVILLE] AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Etex Plasterboard [Matraville] Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Etex Plasterboard [Matraville] Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Etex Australia 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 23 December 2021. The nominal expiry date of the Agreement is 26 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Etex Australia Pty Ltd for approval of the Etex Plasterboard [Matraville] Agreement 2021. The dispute arose from negotiations between the company and the employees' union, the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the disagreement lay in the terms and conditions of employment, particularly those related to wages, leave entitlements, and procedural fairness within the workplace.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009, specifically sections concerning the avoidance of unfair work practices and the promotion of better industrial relations. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees while balancing the interests of the employer.

In examining the application, the Commission noted that the proposed agreement included provisions for wages, allowances, and leave that were in line with industry standards. The Commission also found that the agreement provided clear procedures for resolving disputes and ensuring procedural fairness. The Commission concluded that the agreement did not contain any unfair work practices and met the requirements for approval under the Act. Consequently, the Commission approved the Etex Plasterboard [Matraville] Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established