Industrial and Protective Coatings (QLD) Pty Ltd Summary

[2014] FWCA 4358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial and Protective Coatings (QLD) Pty Ltd
(AG2014/1397)

INDUSTRIAL AND PROTECTIVE COATINGS (QLD.) PTY. LTD. BP REFINERY (BULWER ISLAND) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the Industrial and Protective Coatings (Qld.) Pty. Ltd. BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Industrial and Protective Coatings (Qld.) Pty. Ltd. BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial and Protective Coatings (QLD) 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] In my view, the Consultation provision in clause 5.8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] 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, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Industrial and Protective Coatings (Qld.) Pty. Ltd. applied for the approval of the Industrial and Protective Coatings (Qld.) Pty. Ltd. BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016, which was the subject of dispute between the applicant and the employees of the company. The case was heard in the Fair Work Commission. The central issue before the court was whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the good faith bargaining criterion, if it contained the necessary minimum terms and conditions, and if it was free from any prohibited content.

The court examined the evidence presented by both parties and the provisions of the agreement itself. It found that the agreement had been negotiated in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. Additionally, the court confirmed that the agreement was free from any prohibited content, such as provisions that would undermine the safety and health of employees. The court concluded that the agreement met all the statutory requirements for approval.

As a result of the court's decision, the Industrial and Protective Coatings (Qld.) Pty. Ltd. BP Refinery (Bulwer Island) Enterprise Agreement 2013-2016 was approved. The final orders of the court were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This decision provided certainty for the parties involved and ensured that the agreement would govern the employment conditions for the employees of the company during the specified period.

Industrial and Protective Coatings (QLD) Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established