DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2020/2978)

DYNO NOBEL KALGOORLIE MANUFACTURING ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 15 OCTOBER 2020

Application for approval of the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2020.

[1] Application has been made by Dyno Nobel Asia Pacific Pty Limited for approval of a single enterprise agreement known as the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2020 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 22 October 2020. The nominal expiry date of the Agreement is 14 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Dyno Nobel Asia Pacific Pty Limited, the Fair Work Commission was tasked with approving the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2020. The dispute arose between Dyno Nobel Asia Pacific Pty Limited and the Australian Manufacturing Workers' Union, which represented the employees of the Kalgoorlie manufacturing site. The central issue was whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and was fair and reasonable in all its terms.

The primary legal issues revolved around the agreement's adherence to the procedural fairness requirements and its compliance with the substantive fairness criteria as outlined in the Fair Work Act. This included ensuring that the agreement was negotiated in good faith, covered all employees at the Kalgoorlie site, and provided for minimum terms and conditions that were not less favourable than those set by relevant awards or the general industrial awards. The Commission also had to consider whether the agreement contained adequate dispute resolution mechanisms and other provisions that ensured a fair and efficient workplace.

The Commission found that the agreement was the product of genuine and meaningful negotiations between the parties. It met the procedural fairness requirements as both parties had engaged in discussions and provided necessary information. The substantive fairness of the agreement was also upheld, as it offered employees terms and conditions that were not less favourable than the applicable awards and included provisions for adequate dispute resolution. The agreement was deemed to promote harmonious, productive, and cooperative workplace relations. Thus, the Commission approved the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2020, recognising it as meeting the legal standards required for such agreements.

Dyno Nobel Asia Pacific Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established