DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Corporation Australia Pty Ltd
(AG2016/6187)

HUNTSMAN/AWU BOTANY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the Huntsman/AWU Botany Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Huntsman/AWU Botany 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 Corporation Australia Pty Ltd. 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] The Australian Workers’ Union 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.

[4] The Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Huntsman Corporation Australia Pty Ltd, sought approval for the Huntsman/AWU Botany Enterprise Agreement 2015 from the Fair Work Commission (FWC). The Australian Workers' Union (AWU) intervened in the proceedings. The primary dispute centred on the terms and conditions of employment within the enterprise agreement, specifically addressing wage rates, working hours, and other employment conditions for the workers at the Botany facility. The application was brought before the Fair Work Commission, which holds jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009.

The legal issues before the FWC required a determination of whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. This included an assessment of whether the agreement met the statutory requirements for good faith bargaining, as well as whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the FWC had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the FWC determined that the Huntsman/AWU Botany Enterprise Agreement 2015 complied with the statutory requirements under the Fair Work Act. The FWC found that the agreement was the product of genuine good faith bargaining between the parties and contained terms and conditions that were fair and reasonable. The FWC approved the agreement, noting the efforts made by both parties to reach a mutually acceptable outcome. The decision concluded that the agreement was in the best interests of the employees and did not disadvantage any party unduly.

The FWC approved the Huntsman/AWU Botany Enterprise Agreement 2015, thereby enabling its implementation. The approval was contingent upon the agreement being registered with the Fair Work Ombudsman within the specified timeframe. The decision underscored the importance of fair and reasonable terms in enterprise agreements and the need for both parties to engage in good faith bargaining to achieve a balanced outcome.

Huntsman Corporation Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established