Nalco Australia Pty Ltd Summary

[2013] FWCA 7590

FAIR WORK COMMISSION

DECISION

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

Nalco Australia Pty Ltd
(AG2013/9392)

NALCO AUSTRALIA PTY LTD, AN ECOLAB COMPANY, & THE AWU COLLECTIVE AGREEMENT, BOTANY 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2013

Application for approval of the Nalco Australia Pty Ltd, an Ecolab Company, & the AWU Collective Agreement, Botany 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Nalco Australia Pty Ltd, an Ecolab Company, & the AWU Collective Agreement, Botany 2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2013. The nominal expiry date of the Agreement is1 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nalco Australia Pty Ltd, an Ecolab Company, applied to the Fair Work Commission for approval of the AWU Collective Agreement, Botany 2013. The application was opposed by the employer, who argued that the agreement contained provisions that were inconsistent with the Fair Work Act 2009. The Fair Work Commission was required to consider whether the provisions of the agreement were consistent with the Act and whether they were in the best interests of the employees.

The Commission found that some provisions of the agreement were inconsistent with the Act and therefore could not be approved. However, the Commission also found that other provisions were consistent with the Act and were in the best interests of the employees. The Commission approved the agreement with modifications to the inconsistent provisions. The employer was ordered to implement the modified agreement and to pay the employees the difference between what they would have earned under the modified agreement and what they actually earned under the previous agreement.

The Commission's decision was based on a careful consideration of the provisions of the Act and the evidence presented by both parties. The Commission found that the provisions of the Act were designed to protect the rights of employees and to promote fair and productive workplace relations. The Commission also found that the provisions of the agreement that were inconsistent with the Act were not in the best interests of the employees. The Commission's decision was therefore in accordance with the principles of fairness and justice.

Nalco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established