Unifrax Australia Pty Ltd

[2013] FWCA 10236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unifrax Australia Pty Ltd
(AG2013/12220)

UNIFRAX AUSTRALIA PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 DECEMBER 2013

Application for approval of the Unifrax Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Unifrax Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made by Unifrax Australia Pty Ltd pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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 National Union of Workers, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 6 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unifrax Australia Pty Ltd, an employer, and the National Union of Workers, a trade union, were before the Fair Work Commission in an application for approval of their Enterprise Agreement 2013. The nature of the dispute was centred around the specific terms and conditions outlined in the proposed agreement, which was intended to regulate the employment relationship between the company and its workforce. The Fair Work Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to determine included whether the agreement provided for the employees' pay and conditions in a manner that was procedurally and substantively fair. The Commission was required to ensure that the agreement contained the 'pay and conditions' provisions as stipulated by the Act and that it adhered to the 'better off overall test', which mandates that employees should be no worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission needed to verify that the agreement was made in good faith and without the coercion of any party.

The Fair Work Commission, after conducting a thorough examination of the proposed agreement, found that it met all the necessary requirements for approval. The agreement was deemed to provide for the employees' pay and conditions in a fair and balanced manner. The Commission was satisfied that the agreement adhered to the statutory provisions and that it was made in good faith without any coercion. Consequently, the Commission approved the Enterprise Agreement 2013, paving the way for its implementation in the employment relationship between Unifrax Australia Pty Ltd and the National Union of Workers.

The final orders of the Commission included the approval of the Unifrax Australia Pty Ltd and National Union of Workers Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the specified period until any further amendments or terminations were agreed upon by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established