DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H.B. Fuller Company Australia Pty Ltd
(AG2015/5050)

H.B. FULLER COMPANY AUSTRALIA LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2015

Application for approval of the H.B. Fuller Company Australia Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the H.B. Fuller Company Australia Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H.B. Fuller Company Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 15 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

H.B. Fuller Company Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of the H.B. Fuller Company Australia Ltd Enterprise Agreement 2015, which was negotiated with its employees. The employees, represented by a union, opposed the application, arguing that the agreement did not comply with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement met the statutory requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement complied with section 233 of the Act, which sets out the criteria for the approval of an enterprise agreement. Specifically, the Commission needed to consider whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions, including those relating to wages and other employment conditions. The Commission also needed to assess whether the agreement was free from any prohibited content, such as clauses that were contrary to public policy or that discriminated against certain employees.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions as required by section 233 of the Act. The Commission noted that the agreement included provisions for wages and conditions of employment that were consistent with those set out in the relevant industry award. The Commission also found that the agreement did not contain any prohibited content and was therefore free from any clauses that were contrary to public policy or that discriminated against certain employees. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the H.B. Fuller Company Australia Ltd Enterprise Agreement 2015, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. The Commission's decision provides guidance to employers and employees on the requirements for negotiating and approving enterprise agreements, and highlights the importance of ensuring that agreements comply with the relevant provisions of the Act.

H.B. Fuller Company Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established