DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/983)

BLOWFLEX MOULDINGS PTY LTD (SOUTH AUSTRALIA) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2015

Application for approval of the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 June 2015 and, in accordance with s.54, will operate from 19 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The National Union of Workers lodged an application for approval of the Blowflex Mouldings Pty Ltd (South Australia) - National Union of Workers Enterprise Agreement 2014 with the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The application involved several key legal questions, including whether the agreement contained the mandatory terms prescribed by the Fair Work Act, whether it was free from prohibited content, and whether the application process had been properly conducted.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission confirmed that the agreement contained all the mandatory terms stipulated by the Fair Work Act. Additionally, the Commission determined that the agreement did not contain any content that was prohibited under the Act, such as terms that were unfairly discriminatory or otherwise contrary to public policy. The Commission also found that the application process had been properly conducted, with all relevant parties notified and given an opportunity to be heard.

In light of these findings, the Fair Work Commission approved the enterprise agreement. The decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and that the application process is followed correctly. The approval of this agreement sets a precedent for similar agreements in the industry, providing clarity for employers and employees regarding the terms and conditions of employment.

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