Dyno Nobel Asia Pacific Proprietary Limited

[2013] FWCA 2458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Proprietary Limited
(AG2013/4836)

DYNO NOBEL WESTERN AUSTRALIA REMOTE OPEN CUT OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 APRIL 2013

Application for approval of the Dyno Nobel Western Australia Remote Open Cut Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Western Australia Remote Open Cut Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Proprietary Limited applied to the Fair Work Commission for approval of the Dyno Nobel Western Australia Remote Open Cut Operations Enterprise Agreement 2013. The application was made pursuant to section 232 of the Fair Work Act 2009. The company sought to have the agreement registered as a single-employer, single-enterprise, multi-jurisdictional agreement. The Fair Work Union was the sole bargaining agent for the employees covered by the agreement.

The legal issues for the Commission to determine included whether the agreement had been made in accordance with the Fair Work Act, whether the agreement provided for the proper regulation of terms and conditions of employment, and whether the agreement contained a good-faith bargaining declaration. The Commission also had to consider whether the agreement met the requirements of the "better off overall test" under section 230 of the Act.

The Commission found that the agreement had been made in good faith and in accordance with the Act. The Commission was satisfied that the agreement provided for the proper regulation of terms and conditions of employment and contained a good-faith bargaining declaration. The Commission also found that the agreement met the requirements of the better off overall test. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Dyno Nobel Western Australia Remote Open Cut Operations Enterprise Agreement 2013. The approval was made under section 233 of the Fair Work Act 2009. The agreement is now a registered enterprise agreement and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established