Dyno Nobel Asia Pacific Proprietary Limited Summary

[2013] FWCA 3908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dyno Nobel Asia Pacific Proprietary Limited
(AG2013/6864)

DYNO NOBEL CADIA VALLEY & COBAR ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 20 JUNE 2013

Application for approval of the Dyno Nobel Cadia Valley & Cobar Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Cadia Valley & Cobar Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dyno Nobel Asia Pacific Proprietary Limited. 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 Agreement is approved and, in accordance with s.54, will operate from 27 June 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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CaseChat Overview and Summary

Dyno Nobel Asia Pacific Proprietary Limited sought approval of the Dyno Nobel Cadia Valley & Cobar Enterprise Agreement 2013, a proposed agreement for its employees. The matter was heard in the Fair Work Commission, which was asked to determine whether the agreement complied with the Fair Work Act 2009 and, if so, to approve it.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions of employment. The Commission also considered whether the agreement was in the best interests of the employees and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Commission noted that the agreement had been made in good faith and contained the necessary minimum terms and conditions of employment. The Commission found that the agreement was in the best interests of the employees and complied with the relevant legislation. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. Based on these findings, the Commission approved the Dyno Nobel Cadia Valley & Cobar Enterprise Agreement 2013.

The Fair Work Commission approved the Dyno Nobel Cadia Valley & Cobar Enterprise Agreement 2013, finding that it complied with the statutory requirements under the Fair Work Act 2009 and was in the best interests of the employees. The Commission's approval is effective from the date of the decision.

Dyno Nobel Asia Pacific Proprietary Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established