DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huntsman Polyurethanes (Australia) Pty Ltd T/A Huntsman Polyurethanes Australia
(AG2017/3406)

HUNTSMAN POLYURETHANES AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 30 OCTOBER 2017

Application for approval of the Huntsman Polyurethanes Agreement 2017.

[1] On 9 August 2017 Huntsman Polyurethanes Pty Ltd T/A Huntsman Polyurethanes Australia (Applicant) made an application for approval of the Huntsman Polyurethanes Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 November 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Huntsman Polyurethanes (Australia) Pty Ltd, trading as Huntsman Polyurethanes Australia, applied for approval of the Huntsman Polyurethanes Agreement 2017 under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC). The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which aimed to replace the existing collective agreement.

The central legal issue was whether the terms and conditions proposed in the Huntsman Polyurethanes Agreement 2017 met the criteria for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it was in the best interests of the employees. The FWC also considered whether the agreement adequately protected employees' rights and interests.

In reaching its decision, the FWC examined the submissions from both Huntsman Polyurethanes and the employees' representatives, focusing on the proposed changes to wages, conditions, and other employment terms. The FWC found that the agreement provided for fair and reasonable terms, taking into account the economic context, industry standards, and the specific circumstances of the employees. The Commission concluded that the agreement was in the best interests of the employees and approved the Huntsman Polyurethanes Agreement 2017.

The FWC's approval of the Huntsman Polyurethanes Agreement 2017 signifies that the proposed terms and conditions are now legally binding on the parties involved. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement meets the statutory requirements for approval.

Huntsman Polyurethanes (Australia) Pty Ltd T/A Huntsman Polyurethanes Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established