Solenis Australia Pty Ltd

[2023] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Solenis Australia Pty Ltd

(AG2023/152)

Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solenis Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian 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.

The Agreement is approved and in accordance with s.54, will operate from 20 February 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Solenis Australia Pty Ltd for the approval of the Enterprise Agreement titled "Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2022." The dispute pertained to the proposed terms and conditions of employment for employees at the Springvale site. The application was heard by Commissioner Biggins. The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, specifically whether the agreement had been made in good faith and whether it contained the minimum entitlements as prescribed by the Act.

The Commission examined the process by which the agreement was negotiated and whether it was done in accordance with the procedural requirements. Commissioner Biggins considered the evidence provided by both the employer and the employee representatives regarding the negotiation process and the terms of the agreement. The Commission found that the agreement had been made in good faith and that all procedural fairness requirements had been met. Furthermore, the Commission was satisfied that the proposed agreement contained all the required minimum entitlements and did not include any terms that were less favourable than the applicable awards or the National Employment Standards.

In reaching its decision, the Commission placed significant weight on the detailed and transparent negotiation process, as well as the fairness of the terms proposed. The Commission approved the agreement on the basis that it was made in good faith and complied with all statutory requirements. The final orders of the Commission were that the "Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2022" be approved and registered, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement and was to remain in force until superseded by a subsequent agreement or until terminated in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established