Solenis Australia Pty Ltd

[2025] FWCA 3216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Solenis Australia Pty Ltd

(AG2025/3158)

SOLENIS AUSTRALIA PTY LTD SPRINGVALE SITE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Solenis Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

Compassionate Leave: Clause 35 of the Agreement provides for compassionate leave but is silent is relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with ss.104(1)(b) and (c) of the Act.

However, noting clause 7.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and 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.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 2 October 2025. The nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Solenis Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement, which was proposed for the Springvale site, was subject to the application. The primary dispute centred on the terms and conditions of employment under the proposed agreement, with a focus on the procedural fairness of the process leading to the agreement. The Fair Work Commission was the tribunal tasked with evaluating the application and determining whether the agreement met the necessary legal standards.

The key legal issues that the Commission had to decide included whether the agreement had been made in accordance with the provisions of the Fair Work Act 2009, particularly concerning the process of genuine agreement and procedural fairness. The Commission had to assess if there were any irregularities or procedural shortcomings in the way the agreement was negotiated and whether it was made free from any undue influence or coercion. Additionally, the Commission needed to determine if the terms of the agreement were fair and reasonable, considering the interests of both the employees and the employer.

In its reasoning, the Commission found that the process leading to the agreement was generally fair and in compliance with the legal requirements. It was determined that the agreement had been made without any procedural irregularities or undue influence. The Commission noted that there was a clear demonstration of good faith bargaining between the parties and that the employees had been adequately informed and consulted throughout the negotiation process. The terms of the agreement were also found to be fair and reasonable, taking into account the economic and operational context of the employer. Based on these findings, the Commission approved the agreement.

The final orders of the Commission were that the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will be legally binding on both the employer and the employees, providing a clear framework for their industrial relations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established