DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solvay Interox Pty Ltd
(AG2016/6698)

SOLVAY INTEROX PTY LTD BANKSMEADOW SITE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Solvay Interox Pty Ltd Banksmeadow 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 Solvay Interox 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, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Solvay Interox Pty Ltd, sought approval of the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2016 in the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement complied with procedural and substantive requirements for enterprise agreements, particularly provisions relating to the classification of employees, pay rates, and conditions of employment.

The Fair Work Commission examined whether the agreement had been negotiated in good faith and whether it contained the necessary provisions for employee representation. The Commission also assessed whether the agreement provided for appropriate pay rates and conditions, and whether it met the "better off overall test" (BOOT), ensuring that employees would not be worse off if the agreement replaced their previous conditions. The applicant argued that the agreement was fairly negotiated and met all statutory requirements, while the respondent contended that certain provisions did not comply with the law.

In its decision, the Commission found that the agreement was generally consistent with the requirements of the Fair Work Act. The Commission noted that while some minor procedural irregularities were present, these did not significantly affect the overall fairness of the agreement. The Commission concluded that the agreement met the BOOT and provided for appropriate employee representation and conditions of employment. Consequently, the Commission approved the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2016, subject to specific minor amendments to address the identified procedural issues.

The Fair Work Commission approved the Solvay Interox Pty Ltd Banksmeadow Site Enterprise Agreement 2016 with certain conditions. These conditions required the applicant to rectify minor procedural deficiencies identified during the review process. The Commission's decision underscored the importance of adhering to both procedural and substantive requirements when negotiating and finalising enterprise agreements.

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