Nufarm Australia Limited
[2024] FWCA 1316
•12 APRIL 2024
| [2024] FWCA 1316 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nufarm Australia Limited
(AG2024/985)
NUFARM AUSTRALIA LIMITED PIPE ROAD LAVERTON ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 12 APRIL 2024 |
Application for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Nufarm Australia Limited. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 3 April 2023 and the Agreement was made on 14 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement was approved on 12 April 2024 and, in accordance with s.54 of the Act, will operate from 19 April 2024. The nominal expiry date of the Agreement is 30 September 2026.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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