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

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the R/Max (a division of Huntsman Chemical Company Australia Pty Ltd) Enterprise Agreement 2014. The applicants were the employer, Huntsman Chemical Company Australia Pty Limited, trading as RMAX Rigid Cellular Plastics, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement, specifically those related to shift patterns, overtime, and the classification of employees.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Key among these were the requirements for good faith bargaining, the coverage of the agreement, and whether the agreement provided for the proper terms and conditions of employment. The Commission also needed to consider if the agreement was in the best interests of the employees and if it met the standards of procedural fairness.

The Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements for approval. The Commission was satisfied that the bargaining was conducted in good faith and that the agreement was fair and reasonable. It was noted that the agreement provided for proper terms and conditions of employment and was in the best interests of the employees. The Commission also determined that the agreement met the necessary standards of procedural fairness, including adequate consultation and representation of the employees. Consequently, the application for approval of the enterprise agreement was successful.

The final orders of the Commission included the approval of the R/Max (a division of Huntsman Chemical Company Australia Pty Ltd) Enterprise Agreement 2014, with the agreement to be registered as a registered agreement under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and would apply to the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established