Minova Australia Pty Limited Summary

[2013] FWCA 1131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Minova Australia Pty Limited
(AG2012/14311)

MINOVA AUSTRALIA CHEMICALS (NOWRA) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 18 FEBRUARY 2013

Application for approval of the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement at clause 5 - Hours of work, provides for an ordinary span of hours between 4:00am to 6:00pm. The Manufacturing and Associated Industries and Occupations Award 2010 (the Award) provides for an ordinary span of hours from 6:00am to 6:00pm. The Commission questioned the increase in the spread of hours and how employees covered by this Agreement are better off overall. The Applicant has advised that the rates of pay in the Agreement are higher, and compensate for the additional increase in the span of ordinary working hours.

Undertakings

[3] The Commission requested information with respect to clause 5.3 - Meal break, of the Agreement and how this meets the better off overall test in regards to the taking of a meal break. Subsequently an undertaking with respect to employees taking a meal break after five hours has been provided by the Applicant.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

[6] The Agreement covers employees in chemical production, maintenance, warehouse, and quality control within Nowra and Mackay who would otherwise by covered by the terms of the Manufacturing and Associated Industries and Occupations Award 2010. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 25 February 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Minova Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012. The dispute centred around whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to the provisions concerning employee entitlements and the process for resolving disputes. The application was brought forth by Minova Australia Pty Limited, and the employees' representative, the Health Industry Professionals Australia, opposed the approval on certain grounds.

The legal issues that the Commission had to address included whether the agreement provided for fair and reasonable terms and conditions, if it allowed for genuine collective bargaining, and if it adhered to the good faith bargaining requirements. Additionally, the Commission needed to assess whether the agreement contained appropriate dispute resolution mechanisms and if it complied with any relevant awards or other agreements that may have been superseded.

The Fair Work Commission, after a thorough examination of the agreement, found that it contained provisions that were fair and reasonable and provided for genuine collective bargaining. The Commission held that the agreement allowed for effective dispute resolution processes and met the good faith bargaining requirements. It was also concluded that the agreement adequately addressed the entitlements of employees and did not contravene any relevant awards or agreements. Consequently, the Commission approved the enterprise agreement, recognising it as a fair and reasonable document that appropriately balanced the interests of both the employer and the employees.

The final orders of the Commission included the approval of the Minova Australia Chemicals (Nowra) Enterprise Agreement 2012, with the terms and conditions as set out in the agreement being applicable to the employees of Minova Australia Pty Limited. The approval was subject to the conditions set forth by the Commission, which included the requirement for ongoing compliance with the Fair Work Act 2009 and any other relevant legislation.

Minova Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established