Recochem Inc

[2013] FWCA 3881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Recochem Inc
(AG2013/1429)

ROCOCHEM INC ADELAIDE ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 JUNE 2013

Application for approval of the Recochem Inc Adelaide Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Recochem Inc Adelaide Enterprise Agreement 2013 - 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Recochem Inc Adelaide Enterprise Agreement 2013-2016. The parties involved were Recochem Inc, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for the terms and conditions of employment, including minimum rates of pay, allowances, and benefits, and whether it complied with the procedural requirements for approval. Specifically, the court had to determine if the agreement met the good faith bargaining test and if the requisite majority of employees had agreed to the terms.

The court found that the agreement did provide for the requisite terms and conditions of employment and met the good faith bargaining test. The majority of employees had also agreed to the terms. The court was satisfied that the process leading up to the agreement was procedurally sound, with adequate opportunity given for consultation and negotiation. Consequently, the court approved the agreement, recognising its fairness and the proper process that led to its formation.

The final orders of the court were to approve the Recochem Inc Adelaide Enterprise Agreement 2013-2016, ensuring that it would become a legally binding contract between Recochem Inc and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established