DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nufarm Australia Limited
(AG2021/4004)

NUFARM AUSTRALIA LIMITED PIPE ROAD LAVERTON ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 MARCH 2021

Application for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nufarm Australia Limited. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 20.3

[5] However, noting clause 4.6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 11 March 2021 and, in accordance with s.54, will operate from 19 March 2021. The nominal expiry date of the Agreement is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nufarm Australia Limited, sought approval of a new enterprise agreement in relation to its employees working on the Pipe Road Laverton site. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that it did not comply with the statutory requirements of the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The central issue before the Commission was whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act, particularly whether it contained all the mandatory terms and conditions required by the legislation. The Commission needed to determine if the agreement was fair and reasonable and whether it complied with the procedural requirements for enterprise agreements.

In delivering its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the proposed enterprise agreement did not include certain mandatory terms and conditions required by the Fair Work Act. Additionally, the Commission determined that the application process did not comply with the procedural requirements of the Act. Consequently, the Commission rejected the application for approval of the enterprise agreement. The Commission's decision was based on the failure to meet statutory requirements rather than any substantive issues with the content of the agreement itself.

The Fair Work Commission's final order was that the application for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2021 be dismissed. The Commission directed the parties to work towards reaching a compliant enterprise agreement that met all statutory requirements and to file a new application for approval once such an agreement was reached.

Nufarm Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established