DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dow Chemical Australia Pty Ltd
(AG2015/5225)

DOW CHEMICAL (AUSTRALIA) & AUSTRALIAN WORKERS UNION PRODUCTION WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Dow Chemical (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dow Chemical (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dow Chemical Australia Pty Ltd. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court heard an application for the approval of the Dow Chemical (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2015. The application was brought by the Australian Workers Union, and Dow Chemical Australia Pty Ltd was the respondent. The nature of the dispute involved whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Court was tasked with determining if the agreement contained all the prescribed minimum terms and conditions, and whether it complied with the procedural requirements for approval.

The primary legal issues before the Court were whether the enterprise agreement contained all the prescribed minimum terms and conditions as required by section 235 of the Fair Work Act 2009, and whether the agreement was made in accordance with the procedural requirements set out in sections 230 and 231 of the Act. The Court had to consider if the agreement was genuinely negotiated between the parties and whether it complied with the disclosure and consultation requirements.

The Court examined the agreement in detail and found that it included all the prescribed minimum terms and conditions as required by the Fair Work Act 2009. The Court also determined that the agreement was genuinely negotiated between the parties and met the procedural requirements for approval. The Court held that the Australian Workers Union had complied with the disclosure and consultation requirements under the Act. Consequently, the Court approved the Dow Chemical (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2015.

The final orders of the Court were that the enterprise agreement be approved as meeting the statutory requirements under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Court's approval.

Dow Chemical Australia 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