DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Recochem Inc
(AG2017/4600)

RECOCHEM INC. ADELAIDE ENTERPRISE AGREEMENT 2017 – 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the Recochem Inc. Adelaide Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Recochem Inc. Adelaide Enterprise Agreement 2017 – 2019 (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 T/A Recochem Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Recochem Inc applied to the Fair Work Commission for approval of the Recochem Inc. Adelaide Enterprise Agreement 2017 - 2019. The Australian Manufacturing Workers' Union, representing employees of the company, filed objections to the application. The dispute centred on the fairness and validity of the proposed agreement and whether it met the legal standards required by the Fair Work Act 2009. The key issues before the commission included whether the agreement provided fair terms and conditions of employment, whether the agreement was genuinely negotiated, and whether it included appropriate dispute resolution mechanisms.

The commission examined the evidence presented by both parties, focusing on the process of negotiation and the content of the agreement. Recochem Inc argued that the agreement was the result of genuine bargaining and provided equitable terms for both employers and employees. The union, however, contended that the agreement was not fairly negotiated and did not adequately protect the employees' rights. After considering the arguments and evidence, the commission concluded that the agreement did not meet the necessary standards for approval. The commission found that the negotiation process lacked genuineness and that the agreement did not provide fair and reasonable terms for the employees. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the Recochem Inc. Adelaide Enterprise Agreement 2017 - 2019 not be approved. The commission emphasised the importance of genuine negotiation and fair terms in enterprise agreements and highlighted the need for parties to adhere to the legal requirements set out in the Fair Work Act 2009. This decision serves as a reminder for employers and unions to ensure that any proposed agreements meet the necessary standards for approval under the Act.

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