STYRON (AUSTRALIA) & AUSTRALIAN WORKERS UNION PRODUCTION WORKERS ENTERPRISE AGREEMENT 2012

[2013] FWCA 2

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Styron Australia Pty Ltd
(AG2012/13094)

STYRON (AUSTRALIA) & AUSTRALIAN WORKERS UNION PRODUCTION WORKERS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 JANUARY 2013

Application for approval of the Styron (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Styron (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Styron 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] An undertaking has been given in relation to clause 31 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 January 2013. The nominal expiry date of the Agreement is 1 August 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers Union, as the representative of certain employees, applied for the approval of the Styron (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2012. The application involved the determination of various terms and conditions of employment for the employees of Styron (Australia), including wages, working hours, and other employment-related matters. The legal issues before the court included whether the enterprise agreement met the requirements of the Fair Work Act 2009, including the "better-off overall test" and whether the agreement was made in good faith.

The court considered the evidence and submissions presented by both parties, including the testimony of witnesses and the terms of the enterprise agreement. The court found that the enterprise agreement met the requirements of the Fair Work Act 2009, including the "better-off overall test" and that it was made in good faith. The court noted that the agreement provided for a number of benefits to the employees, including increased wages and improved working conditions. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009 and did not contain any provisions that were contrary to public policy.

As a result, the court approved the Styron (Australia) & Australian Workers Union Production Workers Enterprise Agreement 2012, and it became a legally binding agreement between the parties. The final orders of the court included the approval of the enterprise agreement, with certain modifications to address minor technical issues. The court also directed that the agreement be registered with the Fair Work Commission and that copies be provided to the parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established