Hexion Pty Ltd

[2025] FWCA 536

[2025] FWCA 536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hexion Pty Ltd

(AG2025/56)

HEXION, BRIMBANK PLANT PRODUCTION AGREEMENT 1ST JULY 2024 TO 30TH JUNE 2027

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Hexion, Brimbank Plant Production Agreement 1st July 2024 to 30th June 2027

1. An application has been made for approval of an enterprise agreement known as the Hexion, Brimbank Plant Production Agreement 1st July 2024 to 30th June 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hexion Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement. 

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.    

1. Clause 4 of the Agreement provides that the Agreement shall operate ‘from the date of lodgement with Fair Work (FW) Australia’. I note that, pursuant to s. 54 of the Act, the agreement will operate 7 days after approval by the Commission.

1. I observe that clauses 14(g), 21.1, 27, 28.3 and 35.2(a) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the NES precedence undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. 

1. The Australian Workers’ Union (AWU) 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. 
    

2. The Agreement is approved and in accordance with s.54, will operate from 18 February 2025. The nominal expiry date of the Agreement is 30 June 2027. 

COMMISSIONER

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Annexure A