DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/6873)

BLOWFLEX MOULDINGS PTY LTD (VICTORIA) – NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 DECEMBER 2015

Application for approval of the Blowflex Mouldings Pty Ltd (Victoria) - National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (Victoria) - National Union of Workers 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 the National Union of Workers. The Agreement is a single enterprise agreement.

[2] Blowflex Mouldings Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The National Union of Workers filed an application before the Fair Work Commission, seeking approval of the Blowflex Mouldings Pty Ltd (Victoria) - National Union of Workers Enterprise Agreement 2015. The agreement, intended to regulate the employment terms of workers at Blowflex Mouldings Pty Ltd, was disputed by the company, which raised concerns about certain provisions within the agreement. The primary dispute centred on whether the proposed terms complied with the relevant industrial relations laws and whether they were fair and reasonable in the context of the business operations.

The legal issues before the Commission included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, specifically in terms of good faith bargaining, coverage, and procedural fairness. The Commission had to determine if the union and the employer engaged in genuine bargaining and if the agreement fairly reflected the terms and conditions of employment, including provisions on wages, hours of work, and other employment conditions. Additionally, the Commission considered whether the agreement unfairly disadvantaged any group of employees or imposed unreasonable restrictions.

In examining the evidence and submissions from both parties, the Commission found that the bargaining process was conducted in good faith, and the agreement met the necessary statutory requirements. The Commission noted that the terms and conditions proposed in the agreement were fair and reasonable, taking into account the nature of the business and the interests of both employees and the employer. The Commission approved the agreement, finding that it complied with the provisions of the Fair Work Act and was in the best interest of all parties involved. The approval of the agreement was thus granted, effective from the date of the decision.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established