National Union of Workers

[2013] FWCA 10006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/10352)

CLARIANT (AUSTRALIA) PTY LTD (LARA SITE) AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by National Union of Workers (NUW). 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 application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 26 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the court involved the National Union of Workers seeking approval for the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015. The application for approval was lodged under the Fair Work Act 2009. The legal dispute centred on whether the agreement met the necessary criteria for approval as a registered agreement, specifically whether it was a genuine agreement, had been made in good faith, and was appropriate for the employees it covered.

The court had to determine if the agreement was genuinely negotiated between the employer and the employees and if it was made without coercion or any other unfair practices. Additionally, the court examined whether the agreement covered a class of employees defined by reference to a profession, occupation, or industry and whether it was appropriate for the employees it covered, considering their specific circumstances and needs.

In its reasoning, the court found that the agreement was genuinely negotiated and made in good faith. It was concluded that the agreement was appropriate for the employees it covered, given the specific nature of the work at the Lara Site. The court took into account the specific needs and conditions of the employees, as well as the terms of the agreement which were deemed fair and reasonable. The court approved the agreement, finding it met all the statutory requirements.

The final orders of the court were to approve the Clariant (Australia) Pty Ltd (Lara Site) Agreement 2013-2015 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and enforceable as if it had been made by the parties themselves.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established