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

[2015] FWCA 1841

[2015] FWCA 1841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics
(AG2015/203)

R/MAX (A DIVISION OF HUNTSMAN CHEMICAL COMPANY AUST. PTY LTD) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 17 MARCH 2015

Application for approval of the R/Max (A division of Huntsman Chemical Company Aust. Pty Ltd) Enterprise Agreement 2014.

[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 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics. The agreement is a single-enterprise agreement.

[2] Several cross referencing errors were identified in the Agreement. The employer has acknowledged these errors and has requested that I correct these errors as follows:

Clause 6.1(c) should cross reference clause 7;

Clause 21.11(c) is missing a cross reference to clause 22.5;

Clause 21.12(d) should cross reference clause 21.12(c);

Clause 22.4 should cross reference clause 35;

Clause 23.7 should cross reference clause 23.6;

Clause 32.4 should have no reference to 2012 or any year;

Clause 35.2 should cross reference clause 35.1(c);

Clause 35.8 should cross reference clauses 35.13 and 35.14;

Clause 35.14 (i)(ii) should cross reference clause 35.13(i).

[3] Pursuant to s.586(a) of the Act, I permit the Agreement to be so corrected.

[4] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[5] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) and Construction, Forestry, Mining and Energy Union with respect to these undertakings, however no views were proffered.

[6] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] Each of the NUW and CFMEU, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the NUW and CFMEU.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 24 March 2015. The nominal expiry date of the Agreement is 25 November 2017.

COMMISSIONER

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APPENDIX A