Solvay Interox Pty Ltd

[2021] FWCA 7256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solvay Interox Pty Ltd
(AG2021/8889)

SOLVAY INTEROX PTY LTD BANKSMEADOW SITE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 DECEMBER 2021

Application for approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solvay Interox 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.

[3] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between Solvay Interox Pty Ltd and its employees at the Banksmeadow site. The application was made to the Fair Work Commission, which oversees the registration of enterprise agreements under the Fair Work Act 2009. The primary dispute was whether the agreement met the statutory requirements for approval, particularly concerning the provisions that addressed the classification of employees and their entitlements.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it contained the minimum information required by law, and if the agreement had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether the agreement was likely to have a positive effect on the productivity, efficiency, and profitability of the employer.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and contained all the necessary information as mandated by the Fair Work Act. The Commission also determined that the agreement had been made in good faith and without any element of coercion. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and that it would likely have a positive effect on the productivity, efficiency, and profitability of Solvay Interox Pty Ltd. As such, the Commission approved the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established