Sulzer Chemtech Pty Ltd

[2013] FWCA 6006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sulzer Chemtech Pty Ltd
(AG2013/7456)

SULZER CHEMTECH PTY LTD AGREEMENT 2011-2015 AND ASSOCIATED AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Sulzer Chemtech Pty Ltd Agreement 2011-2015 and associated agreement.

[1] An application has been made for approval of an enterprise agreement known as the Sulzer Chemtech Pty Ltd Agreement 2011-2015 and associated agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Sulzer Chemtech Pty Ltd and nominates the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that AMWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 23 April 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Sulzer Chemtech Pty Ltd applied for the approval of the Sulzer Chemtech Pty Ltd Agreement 2011-2015 and an associated agreement. The application was heard in the Fair Work Commission. The dispute centred around the proposed agreements, which aimed to establish terms and conditions of employment for certain employees within the company. The applicant argued that the agreements were necessary to ensure the efficient operation of the business and to provide fair and equitable terms for the employees.

The legal issues before the Commission included whether the agreements provided for terms and conditions that were no worse off overall than the applicable award or registered agreement, and whether the agreements complied with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the process used to negotiate the agreements was fair and whether the agreements contained appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the agreements met the 'no worse off test' and provided for terms and conditions that were at least as good as the applicable award. The Commission also determined that the negotiation process was fair and that the agreements contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the Sulzer Chemtech Pty Ltd Agreement 2011-2015 and the associated agreement, finding that they were in the interests of the employees and the employer.

The Fair Work Commission approved the Sulzer Chemtech Pty Ltd Agreement 2011-2015 and the associated agreement, effective from the date of the decision. The approval ensures that the agreements will provide a fair and equitable framework for the employment of the relevant employees within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established