DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recochem Inc.
(AG2021/87)

RECOCHEM INC. LYTTON ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2021

Application for approval of the Recochem Inc. Lytton Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Recochem Inc. Lytton Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Recochem Inc. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The United Workers' Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Recochem Inc. brought an application to the Fair Work Commission seeking approval of the Recochem Inc. Lytton Enterprise Agreement 2020-2023. The applicant argued that the agreement met all the statutory requirements for approval and that the proposed terms were fair and reasonable. The respondents raised concerns about certain provisions of the agreement, including its impact on employee entitlements and the process for resolving disputes.

The court was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the "better off overall test" (BOOT). This involved assessing whether the proposed terms of the agreement would provide employees with a better overall package of pay and conditions than they would have under the applicable awards. The court also needed to consider whether the agreement provided for a fair and efficient process for resolving disputes between the parties.

In considering the application, the court examined the terms of the agreement in detail and considered the evidence presented by both parties. The court found that the agreement met all the statutory requirements for approval and that it provided for a fair and efficient process for resolving disputes. The court also found that the proposed terms of the agreement would provide employees with a better overall package of pay and conditions than they would have under the applicable awards. Accordingly, the court approved the Recochem Inc. Lytton Enterprise Agreement 2020-2023.

The court ordered that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and their employees. The respondents were also ordered to pay the applicant's costs of the application.

Recochem Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established