Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics

[2019] FWCA 912

[2019] FWCA 912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics
(AG2018/3482)

R/MAX (A DIVISION OF HUNTSMAN CHEMICAL COMPANY AUST. PTY LTD) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the R/Max (A division of Huntsman Chemical Company Aust. Pty Ltd) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the R/Max (A division of Huntsman Chemical Company Aust. Pty Ltd) 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 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 employer did not notify relevant employees of the time and place at which the vote occurred by the start of the access period. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 February 2019 and, in accordance with s.54, will operate from 20 February 2019. The nominal expiry date of the Agreement is 25 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501774  PR704876>