The Australian Workers’ Union Summary

[2013] FWCA 5348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/7747)

HUNTSMAN POLYURETHANES AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 AUGUST 2013

Application for approval of the Huntsman Polyurethanes Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Huntsman Polyurethanes Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by the The Australian Workers’ Union (AWU). 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 AWU, 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 9 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied for approval of the Huntsman Polyurethanes Agreement 2013. The application was heard in the Fair Work Commission, with the union arguing that the agreement met the necessary criteria for approval under the Fair Work Act 2009. Huntsman Polyurethanes opposed the application, claiming that the agreement failed to comply with various provisions of the Act.

The legal issues before the Commission were whether the agreement was genuinely a product of negotiations between the parties, whether it contained the necessary safety net provisions, and whether it complied with the requirement to be in writing. The Commission needed to assess whether the agreement met the statutory requirements for approval and if it provided fair and equitable terms for the employees.

The Commission found that the agreement was genuinely negotiated between the parties and contained the necessary safety net provisions. It also concluded that the agreement complied with the requirement to be in writing. The Commission approved the Huntsman Polyurethanes Agreement 2013, finding that it met all the criteria for approval under the Fair Work Act 2009. The application was successful, and the agreement was approved by the Commission.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established