DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Chemical Company Pty Ltd T/A Victorian Chemical Company
(AG2017/5992)

VICTORIAN CHEMICAL COMPANY PTY LTD AND THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 JANUARY 2018

Application for approval of the Victorian Chemical Company Pty Ltd and The Australian Workers’ Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Chemical Company Pty Ltd and The Australian Workers’ Union Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victorian Chemical Company Pty Ltd T/A Victorian Chemical Company. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved the Victorian Chemical Company Pty Ltd, trading as the Victorian Chemical Company, and The Australian Workers’ Union. The dispute centred on the application for approval of an enterprise agreement. The case was heard in the Fair Work Commission. The legal issues at hand primarily revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. These included whether the agreement was properly made, if it contained all necessary provisions, and if it was fair and reasonable for the employees covered by it. The Commission needed to determine if the agreement was genuinely bargained between the employer and the union, and if it provided fair terms and conditions for the employees.

The Fair Work Commission meticulously examined the bargaining process, ensuring that it was conducted in good faith and that there was no coercion or undue influence. The Commission also assessed whether the agreement contained all the mandated terms and conditions, such as minimum wages, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission evaluated the fairness of the agreement, considering the bargaining power of the parties and the overall terms in the context of the industry. The Commission concluded that the agreement was fairly and genuinely negotiated and that it met the statutory requirements. It found that the agreement provided fair and reasonable terms and conditions for the employees, thus meeting the criteria for approval.

Following its detailed analysis, the Fair Work Commission approved the enterprise agreement. The decision was based on the thorough examination of the bargaining process, the comprehensiveness of the agreement, and its fairness. The Commission's approval was grounded in the evidence presented, which demonstrated that the agreement was made in compliance with the Fair Work Act 2009. The final orders included the formal approval of the enterprise agreement, allowing it to take effect as per the terms outlined within.

Victorian Chemical Company Pty Ltd T/A Victorian Chemical Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established