DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solvay Interox Pty Ltd
(AG2018/5328)

SOLVAY INTEROX PTY LTD BANKSMEADOW SITE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2018 (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] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Solvay Interox Pty Ltd applied to the Fair Work Commission for the approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2018. The applicant, an employer, and the Australian Manufacturing Workers’ Union, a registered trade union, were the parties to the agreement. The union represented employees at the Banksmeadow site. The union sought approval of the agreement, while the employer opposed the application. The union argued that the agreement was made in good faith and contained appropriate dispute resolution provisions. The employer argued that the agreement contained inadequate provisions for managing workplace grievances and disputes.

The Fair Work Commission was required to determine whether the agreement should be approved. The commission considered whether the agreement was made in good faith and whether it contained appropriate dispute resolution provisions. The commission also considered whether the agreement met the requirements of the Fair Work Act 2009. The union argued that the agreement was made in good faith and contained appropriate dispute resolution provisions. The employer argued that the agreement did not contain adequate provisions for managing workplace grievances and disputes.

The Fair Work Commission found that the agreement was made in good faith and contained appropriate dispute resolution provisions. The commission found that the agreement met the requirements of the Fair Work Act 2009. The commission rejected the employer's argument that the agreement did not contain adequate provisions for managing workplace grievances and disputes. The commission found that the agreement contained appropriate provisions for managing workplace grievances and disputes. The commission approved the agreement.

The Fair Work Commission approved the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2018. The commission found that the agreement was made in good faith and contained appropriate dispute resolution provisions. The commission found that the agreement met the requirements of the Fair Work Act 2009. The commission rejected the employer's argument that the agreement did not contain adequate provisions for managing workplace grievances and disputes.

Solvay Interox 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