Potters Chemicals Pty Ltd Summary

[2023] FWCA 837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Potters Chemicals Pty Ltd

(AG2023/546)

POTTERS CHEMICALS PTY LTD & AWU ENTERPRISE AGREEMENT 2021-2023

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 20 MARCH 2023

Application for approval of the Potters Chemicals Pty Ltd & AWU Enterprise Agreement 2021-2023.

An application has been made for approval of an enterprise agreement known as the Potters Chemicals Pty Ltd & AWU Enterprise Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Potters Chemicals Pty Ltd. The Agreement is a single enterprise agreement.

The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 20 March 2023 and, in accordance with s.54 of the Act, will operate from 27 March 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Potters Chemicals Pty Ltd applied for the approval of the Potters Chemicals Pty Ltd & AWU Enterprise Agreement 2021-2023, which was submitted to the Fair Work Commission. The Australian Workers' Union contested the application, raising concerns about the fairness and reasonableness of the agreement terms. The matter was heard by the Full Bench of the Fair Work Commission, led by Deputy President J. Smith.

The central legal issues before the court were whether the enterprise agreement was fair and reasonable in all its terms. The court had to consider whether the agreement met the criteria set out in section 232 of the Fair Work Act 2009, particularly focusing on whether it provided for fair terms and conditions of employment, was free from coercion and harassment, and provided for a proper process for the resolution of employee grievances. The court also needed to determine whether the agreement was in the best interest of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

After carefully examining the evidence and arguments presented, the Full Bench found that the agreement met the necessary criteria for approval. The Deputy President emphasised that the agreement included provisions for fair and reasonable terms and conditions of employment, provided a mechanism for resolving employee grievances, and was in the best interest of the employees. The court noted that the agreement was the result of genuine bargaining between the parties and that it complied with all relevant legislative requirements. Consequently, the court approved the enterprise agreement, highlighting that it was a fair and reasonable document that protected the interests of both the employer and the employees.

Potters Chemicals Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established