Exide Technologies

[2022] FWCA 2699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Exide Technologies

(AG2022/3215)

Exide Technologies NSW Warehouse Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 10 AUGUST 2022

Application for approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2022.

Exide Technologies has made an application for the approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Exide Technologies, the employer, sought approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2022. The applicant, United Voice, is a registered organisation representing the employees, and objected to the proposed agreement. The dispute centred around various terms and conditions of employment, including wages, leave entitlements, and other workplace rights and obligations.

The legal issues before the Commission were whether the proposed agreement provided for the employees’ terms and conditions of employment in a fair and reasonable manner, in accordance with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the “better off overall test” (BOOT) and whether it complied with the relevant provisions of the National Employment Standards (NES).

The Commission found that the proposed agreement did not satisfy the BOOT as it did not provide employees with a sufficient increase in their overall remuneration package. The Commission also noted that certain provisions of the agreement, such as those relating to penalty rates, did not comply with the NES. Consequently, the Commission did not approve the Exide Technologies NSW Warehouse Enterprise Agreement 2022.

The Commission ordered that the application for approval of the agreement be dismissed. It further directed the parties to return to the negotiating table to reach an agreement that meets the requirements of the Fair Work Act 2009 and provides employees with a fair and reasonable set of terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established