DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nufarm Australia Limited T/A Nufarm
(AG2017/5738)

NUFARM AUSTRALIA LIMITED PIPE ROAD LAVERTON ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2017 (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 T/A Nufarm. The Agreement is a single enterprise agreement.

[2] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian 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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nufarm Australia Limited, trading as Nufarm, sought approval for the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2017. The case was heard by the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary legal criteria for approval. The dispute involved various employee representatives and the company, focusing on the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issues before the FWC were whether the agreement was made in good faith, if it contained the necessary minimum entitlements for employees, and whether it adhered to the procedural requirements set forth by the Fair Work Act 2009. Additionally, the court had to assess if the agreement appropriately balanced the interests of both the employees and the employer.

The FWC examined the process by which the agreement was negotiated, the contents of the agreement itself, and the evidence provided by both parties. It was determined that the agreement was negotiated in good faith and included all necessary minimum entitlements for employees. Furthermore, the FWC found that the procedural requirements of the Fair Work Act were met, and the agreement appropriately balanced the interests of both parties. Consequently, the FWC approved the enterprise agreement.

The FWC's decision was communicated in writing, formally approving the Nufarm Australia Limited Pipe Road Laverton Enterprise Agreement 2017. This approval allows the agreement to take effect, governing the employment conditions for the relevant employees.

Nufarm Australia Limited T/A Nufarm

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established