Nuplex Industries (Aust) Pty Ltd. Summary

[2014] FWCA 4091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nuplex Industries (Aust) Pty Ltd.
(AG2014/1208)

NUPLEX MASTERBATCH AND THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 JUNE 2014

Application for approval of the Nuplex Masterbatch and The Australian Workers’ Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nuplex Masterbatch and The Australian Workers’ Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nuplex Industries (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 23 May 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were Nuplex Industries (Aust) Pty Ltd. and the Australian Workers’ Union. The dispute centred around the approval of the Nuplex Masterbatch and The Australian Workers’ Union Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements. Specifically, the Commission had to consider if the agreement met the “better off overall test” and whether it contained all the required minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to ensure that the agreement had been fairly negotiated and that it did not undermine the rights of employees.

The Fair Work Commission found that the agreement was in the best interests of the employees and that it complied with all legislative requirements. The Commission determined that the agreement met the “better off overall test” as it provided employees with benefits that outweighed any potential disadvantages. Furthermore, the Commission confirmed that the agreement contained all the required minimum terms and conditions and that it had been fairly negotiated. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Nuplex Masterbatch and The Australian Workers’ Union Enterprise Agreement 2014, finding it to be in the best interests of the employees and compliant with the Fair Work Act. The Commission’s decision was based on its assessment that the agreement met the “better off overall test” and contained all required minimum terms and conditions. Additionally, the Commission was satisfied that the agreement had been fairly negotiated and did not undermine the rights of employees.

Nuplex Industries (Aust) Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established