Nufarm Australia Limited

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nufarm Australia Limited applied to the Fair Work Commission for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2024. The applicants were the employer and the union. The dispute centred on whether the terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter and assessed the application.

The legal issues that the court needed to decide included whether the agreement met the minimum requirements under the Fair Work Act, such as fair and reasonable terms and conditions of employment, and whether the agreement provided for proper consultation between the employer and the union. The court also needed to determine if the agreement contained any terms that were against public policy or were otherwise invalid.

The Fair Work Commission found that the enterprise agreement met the minimum requirements under the Fair Work Act and was fair and reasonable. The court noted that the agreement provided for proper consultation between the employer and the union, and that it did not contain any terms that were against public policy or were otherwise invalid. The court approved the enterprise agreement, finding that it complied with the relevant legislative provisions.

The Fair Work Commission approved the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2024. The court ordered that the agreement be registered with the Fair Work Commission and that it would come into effect from the date of the approval. The court also ordered that the agreement would apply to all employees covered by the agreement, and that any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established