DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Enterprises Pty Ltd t/a Barry Plant Highton
(AG2021/5271)

HUNTSMAN ENTERPRISES PLY LTD ENTERPRISE AGREEMENT 2021

Real estate industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 JUNE 2021

Application for approval of the Huntsman Enterprises Pty Ltd Enterprise Agreement 2021.

[1] Huntsman Enterprises Pty Ltd has applied for approval of a single enterprise agreement known as the Huntsman Enterprises Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views (including about the Undertakings) and none opposed.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 9 June 2021 and, in accordance with s.54, will operate from 16 June 2021. The nominal expiry date of the Agreement is 9 June 2025.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Huntsman Enterprises Pty Ltd trading as Barry Plant Highton, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was to cover employees who are real estate agents and sales assistants. The matter was heard in the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval under the Act, including whether it provided for the proper regulation of terms and conditions of employment, and whether it was made in good faith and without coercion or undue influence.

The Commission examined the agreement clause by clause, considering whether each provision was fair and reasonable in the circumstances. The applicant argued that the agreement was made in good faith and without coercion, and that it provided for the proper regulation of terms and conditions of employment. The Commission found that the agreement was generally fair and reasonable, and that it met the requirements for approval under the Act. The Commission noted that the agreement provided for a range of terms and conditions, including wages, hours of work, leave entitlements, and dispute resolution procedures. The Commission also noted that the agreement included provisions for the protection of employees' health and safety, and for the provision of training and development opportunities.

In making its decision, the Commission gave weight to the fact that the agreement had been negotiated between the applicant and a representative of the employees, and that it had been subject to a vote in which a majority of employees had expressed their support for the agreement. The Commission also noted that the agreement contained provisions for the review and variation of its terms and conditions, which it considered to be an important safeguard against the possibility of unfair or unreasonable outcomes. The Commission approved the agreement, subject to certain minor modifications to ensure that it complied with the requirements of the Act.

The Commission made orders approving the Huntsman Enterprises Pty Ltd Enterprise Agreement 2021, subject to the modifications made by the Commission. The applicant was directed to take all necessary steps to give effect to the approved agreement, including by providing a copy of the agreement to each employee covered by it. The applicant was also directed to take all necessary steps to ensure that the agreement was brought to the attention of any prospective employees. The Commission noted that the agreement would be registered on the Register of Approved Agreements maintained by the Commission, and that it would be available for inspection by the public.

Huntsman Enterprises Pty Ltd t/a Barry Plant Highton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established