Solenis Australia Pty Ltd

[2024] FWCA 3580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Solenis Australia Pty Ltd

(AG2024/3527)

SOLENIS AUSTRALIA LTD (KWINANA) ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 18 OCTOBER 2024

Application for approval of the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2024

Solenis Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s, views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the AMWU is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 October 2024. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Solenis Australia Pty Ltd to have the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2024 approved. This application arose from the need to formalise the terms and conditions of employment for workers at the Kwinana site. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly focusing on the fairness of the agreement and the process by which it was negotiated.

The legal issues the court had to resolve included whether the agreement provided for fair terms and conditions, whether it was negotiated in good faith, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the court needed to consider the extent to which the agreement addressed the needs of the employees and whether any provisions were unfair. The fairness of the agreement was assessed based on various criteria, including the extent to which it reflected the economic circumstances of the enterprise and provided for the equitable treatment of employees.

The Fair Work Commission found that the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2024 was fair and met the legal requirements for approval. The agreement was considered to have been negotiated in good faith, and it adequately addressed the economic circumstances of the enterprise. The Commission noted that the agreement provided for equitable treatment of employees, including provisions on wages, hours of work, and other terms and conditions. The process by which the agreement was negotiated and the contents of the agreement were deemed to comply with the Fair Work Act, thus fulfilling the necessary criteria for approval.

The Fair Work Commission approved the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2024, allowing it to come into effect on the specified date. This decision was based on the comprehensive analysis of the agreement's contents and the negotiation process, confirming that it met the legal standards for fairness and compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established