DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Chemical Company Australia T/A RMAX
(AG2015/5409)

RMAX NSW ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the RMAX NSW ENTERPRISE AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the RMAX NSW ENTERPRISE AGREEMENT 2015 (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 T/A RMAX. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Huntsman Chemical Company Australia trading as RMAX, applied for the approval of the RMAX NSW Enterprise Agreement 2015. The agreement, if approved, would apply to approximately 110 employees and was negotiated with the Manufacturing and Allied Workers' Union of Australia. The dispute arose as the parties could not agree on certain terms and conditions of employment, leading to the application for Fair Work Australia's approval. The legal issues before the court centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement contained all the minimum terms and conditions of employment as set out in the relevant industrial instruments, and whether it complied with the "better off overall test." This test required that the agreement be at least as good as the existing awards or agreements for the employees it covered.

The court considered the evidence and submissions from both parties, examining the terms of the agreement in detail. It found that the agreement provided for terms and conditions that were not less favourable than those provided by the relevant awards, and that it met the better off overall test. The court also noted that the agreement had been negotiated in good faith and that there were no procedural defects in the negotiation process. As a result, the court approved the RMAX NSW Enterprise Agreement 2015. The approval ensured that the agreement would now govern the terms and conditions of employment for the relevant employees, subject to any further disputes or legal challenges.

Huntsman Chemical Company Australia T/A RMAX

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established