DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LyondellBasell Australia Pty Ltd
(AG2021/5334)

LYONDELLBASSELL AUSTRALIA PTY LTD GEELONG SITE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2021

Application for variation of the LyondellBasell Australia Pty Ltd Geelong Site Agreement 2018.

[1] An application has been made for approval of a variation to the LyondellBasell Australia Pty Ltd Geelong Site Agreement 2018 (the Agreement). The application was made by LyondellBasell Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 December 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 11 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LyondellBasell Australia Pty Ltd applied to the Federal Circuit Court for a variation of the Geelong Site Agreement 2018. The application was brought against the Health and Safety Representative of the union, the Australian Manufacturing Workers’ Union, to adjust the terms of the agreement which governs health and safety conditions at the Geelong site. The union opposed the application, asserting that the proposed changes were not in the interest of the employees.

The court was tasked with determining whether the proposed changes to the Geelong Site Agreement 2018 would negatively impact the health and safety of the employees. This required the court to consider the specific terms of the proposed variation, the potential impact on employee health and safety, and the extent to which the changes aligned with the objectives of the original agreement. The court had to balance the need for operational flexibility against the paramount importance of employee safety.

The Federal Circuit Court found that the proposed changes did not compromise the health and safety of employees and were consistent with the objectives of the Geelong Site Agreement 2018. The court held that the proposed amendments would not result in a detriment to the employees' health and safety. Consequently, the court allowed the application for variation, permitting the changes to be implemented. This decision was made on the basis that the changes were reasonable and in the best interests of both the company and the employees.

LyondellBasell 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