Huntsman Corporation Australia Pty Limited

[2013] FWCA 575

[2013] FWCA 575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Huntsman Corporation Australia Pty Limited
(AG2012/12990)

HUNTSMAN/AWU BOTANY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 24 JANUARY 2013

Application for approval of the Huntsman/AWU Botany Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Huntsman/AWU Botany Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Upon inquiry from the Commission, the applicant has advised that with respect to clause 11 - Hours of work, the ordinary hours of work are worked on an average of 38 hours per week and the work groups maintain their own rosters which commence at 7:00am to 7:00pm and 7:00pm to 7:00am worked over 7 days, 365 days per year.

[3] Upon inquiry from the Commission, the applicant advised the Commission that there is no overtime provision in the Agreement as there is a built in amount in the annualised salary for overtime, thus satisfying the better off overall test as per s.193(1) of the Act.

[4] The Agreement covers employees engaged by Huntsman at the Botany site within the classifications listed in Appendix 2 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] 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 that organisation. The AWU has confirmed the Applicant’s response to the Commission’s inquiries above.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 31 January 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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