DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Impact Fertilisers Pty Ltd
(AG2015/4685)

IMPACT FERTILISERS ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2015.

Application for approval of the Impact Fertilisers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Impact Fertilisers 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 Impact Fertilisers Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Impact Fertilisers Enterprise Agreement 2015. The applicant, Impact Fertilisers, sought to have the agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers within the enterprise, as well as the procedural fairness in the agreement's negotiation.

The legal issues the court had to address included whether the agreement met the procedural requirements for approval, such as being made without coercion, and whether the agreement contained terms that were contrary to the provisions of the Fair Work Act. Additionally, the court had to determine if the agreement provided for the fair remuneration of employees and if it adequately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was made without any unfair or coercive practices and contained terms that were not contrary to the Fair Work Act. The court was satisfied that the agreement provided for the fair remuneration of employees and represented a fair balance of the interests of both the employer and the employees. Therefore, the court approved the Impact Fertilisers Enterprise Agreement 2015.

IMPACT FERTILISERS ENTERPRISE AGREEMENT 2015

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established