DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solenis Australia Pty Ltd
(AG2020/1529)

SOLENIS AUSTRALIA PTY LTD SPRINGVALE SITE ENTERPRISE AGREEMENT 2019.

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 18 JUNE 2020

Application for approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2019..

[1] An application has been made for the approval of an enterprise agreement known as the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2019 (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.

[2] The Agreement does not cover all of the employees of Solenis Australia Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by it, I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 June 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE508325 PR720328

CaseChat Overview and Summary

In the matter of Solenis Australia Pty Ltd, the applicant sought approval of the Springvale Site Enterprise Agreement 2019 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees at the Springvale site, and the Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including pay and conditions, and whether it had been negotiated in good faith. The Commission also considered whether the agreement met the statutory requirements for being in writing and signed by the relevant parties. Furthermore, the Commission examined if the agreement provided for the protection of employees' rights and interests, including provisions for dispute resolution and consultation.

The Commission found that the agreement did indeed provide for fair and reasonable terms and conditions of employment, as it included provisions for minimum wages, leave entitlements, and other benefits. The Commission was satisfied that the agreement had been negotiated in good faith, as evidenced by the extensive consultation and negotiation process undertaken by the parties. Additionally, the Commission determined that the agreement met the statutory requirements for being in writing and signed by the relevant parties. The Commission also found that the agreement provided for the protection of employees' rights and interests, including provisions for dispute resolution and consultation.

The Commission approved the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2019, subject to certain conditions and modifications. The parties were required to provide a report to the Commission within six months of the approval, detailing the implementation of the agreement and any issues that had arisen. The Commission also noted that it would continue to monitor the agreement and could review it if necessary.

Solenis Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established