DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solenis Australia Pty Ltd
(AG2019/5056)

SOLENIS AUSTRALIA LTD (KWINANA) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JANUARY 2020

Application for approval of the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Solenis Australia Ltd (Kwinana) 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Notice of Employee Representational Rights was provided more than 14 days after notification time for one of the employees covered. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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 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.

[5] The Agreement was approved on 20 January 2020 and, in accordance with s.54, will operate from 27 January 2020. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

Solenis Australia Pty Ltd was the subject of an application for approval of the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2019, which was heard by the Fair Work Commission. The dispute centred around the proposed terms and conditions outlined in the enterprise agreement, with stakeholders including the company and relevant employee representatives. The Fair Work Commission was tasked with determining whether the agreement complied with the necessary legislative requirements and whether it should be certified as a registered agreement.

The primary legal issues before the Commission involved assessing whether the enterprise agreement met the statutory prerequisites for approval, including whether it provided for a safety net of minimum terms and conditions, and whether it had been made in good faith. Additionally, the Commission had to consider whether the agreement met the requirements for covering employees in specified occupations and whether it was consistent with the Fair Work Act 2009. The fairness and procedural aspects of the agreement's development also played a significant role in the decision-making process.

In examining these issues, the Fair Work Commission found that the proposed enterprise agreement was comprehensive and provided for a safety net of minimum terms and conditions that aligned with the legislative framework. The Commission concluded that the agreement was made in good faith and was consistent with the provisions of the Fair Work Act 2009. The Commission also noted that the agreement had been developed through appropriate consultation and negotiation processes, which were deemed fair and transparent. As a result, the Commission approved the enterprise agreement, certifying it as a registered agreement under the Act.

The Fair Work Commission's final orders included the certification of the Solenis Australia Ltd (Kwinana) Enterprise Agreement 2019 as a registered agreement, effective from the date of the decision. This certification ensures that the terms and conditions outlined in the agreement will apply to the relevant employees and will be enforceable under the Fair Work Act 2009.

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