DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solenis Australia Pty Ltd
(AG2017/4081)

SOLENIS AUSTRALIA PTY LTD SPRINGVALE SITE ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2016 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Solenis Australia Pty Ltd, an employer, applied for the approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2016. This agreement proposed various terms and conditions of employment for its employees. The application was made in accordance with the Fair Work Act 2009. The primary dispute centred around the fairness and compliance of the proposed agreement with the legislative requirements for enterprise agreements under the Act.

The legal issues before the Commission involved assessing whether the agreement met the procedural requirements for approval, including whether the agreement had been made without coercion and whether it contained the necessary minimum terms as prescribed by the Fair Work Act. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and if it provided for fair and equitable terms of employment.

The Commission found that the agreement had been made without any element of coercion and that it contained all the necessary minimum terms. Furthermore, the Commission considered the evidence presented regarding the agreement's provisions and found them to be fair and equitable. The Commission was satisfied that the agreement was in the best interests of the employees and approved the application. Consequently, the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2016 was approved 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