Hexion Australia Pty Ltd
[2016] FWCA 1921
•30 March 2016
[2016] FWCA 1921
DECISION
| Fair Work Act 2009 |
| s.185—Enterprise agreement |
| Hexion Australia Pty Ltd |
| (AG2016/2497) |
HEXION AUSTRALIA PTY LTD ENTERPRISE BARGAINING
AGREEMENT 2016
Manufacturing and associated industries
| COMMISSIONER LEE | MELBOURNE, 30 MARCH 2016 |
Application for approval of the Hexion Australia Pty Ltd Enterprise Bargaining Agreement
2016.
[1] An application has been made for approval of an enterprise agreement known as the
Hexion Australia Pty Ltd Enterprise Bargaining 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 Hexion Australia 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[6] 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.
[2016] FWCA 1921
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
6 March 2016. The nominal expiry date of the Agreement is 5 April 2018.
COMMISSIONER
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[2016] FWCA 1921
Annexure A
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