Rohm and Haas Australia Pty Ltd

[2013] FWCA 6587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rohm and Haas Australia Pty Ltd
(AG2013/8716)

ROHM AND HAAS AUSTRALIA PTY LTD (GEELONG OPERATIONS) ENTERPRISE AGREEMENT, 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 SEPTEMBER 2013

Application for approval of the Rohm and Haas Australia Pty Ltd (Geelong Operations) Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rohm and Haas Australia Pty Ltd (Geelong Operations) Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Rohm and Haas Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 11 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rohm and Haas Australia Pty Ltd applied to the Fair Work Commission for approval of the Rohm and Haas Australia Pty Ltd (Geelong Operations) Enterprise Agreement, 2013. The application was contested by the National Tertiary Education Union (NTEU). The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009. The issues included whether the agreement contained appropriate provisions for employee protection, and if the process by which it was negotiated was fair and lawful.

The Commission considered whether the agreement satisfied the criteria for good faith bargaining and if it provided adequate protections for employees. It examined the negotiation process, the terms of the agreement, and the rights and obligations it imposed. The Commission also reviewed whether the agreement complied with the minimum standards set by the Fair Work Act, including provisions for employee entitlements, dispute resolution mechanisms, and procedural fairness. The court's analysis was thorough, ensuring that the agreement met all statutory requirements for approval.

The Commission concluded that the agreement was appropriately negotiated in good faith and contained adequate provisions for employee protection. It found that the negotiation process was fair and that the terms of the agreement met the legislative standards. Consequently, the Commission approved the enterprise agreement. The decision emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while allowing for efficient workplace operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established