DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Corporation Australia Pty Limited
(AG2019/1623)

HUNTSMAN/AWU BOTANY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JULY 2019

Application for approval of the Huntsman/AWU Botany Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Huntsman/AWU Botany Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huntsman Corporation Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Huntsman Corporation Australia Pty Limited, an employer, and the Australian Workers' Union (AWU), representing the employees. The dispute centred on the approval of the Huntsman/AWU Botany Enterprise Agreement 2018, which aimed to establish terms and conditions for the employees at the Botany site. The Commission was tasked with determining whether the agreement met the requirements for formal approval under the Fair Work Act 2009.

The primary legal issues for the Court to resolve were whether the agreement had been genuinely negotiated, whether it complied with the good faith bargaining provisions, and whether it adhered to the relevant provisions of the Fair Work Act. Specifically, the Court had to assess whether the agreement was fair and reasonable and whether it was made in good faith.

The Court reviewed the evidence presented by both parties and considered the procedural fairness and compliance with the statutory requirements. The Court found that the agreement had been genuinely negotiated between the parties, with evidence of meaningful discussions and compromises. The Court also determined that the agreement met the good faith bargaining criteria and contained provisions that were fair and reasonable. Ultimately, the Court concluded that the agreement was in compliance with the Act and approved the Huntsman/AWU Botany Enterprise Agreement 2018.

The Court ordered the approval of the Huntsman/AWU Botany Enterprise Agreement 2018, effective from the date of the decision. This approval would allow the terms and conditions outlined in the agreement to apply to the employees at the Botany site. The decision confirmed the agreement's validity and ensured that the parties could move forward with the implementation of the new enterprise agreement.

Huntsman Corporation Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established