DECISION

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

Dyno Nobel Asia Pacific Pty Limited
(AG2019/4704)

DYNO NOBEL HELIDON ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 14 APRIL 2020

Application for approval of the Dyno Nobel Helidon Enterprise Agreement 2020.

[1] Dyno Nobel Asia Pacific Pty Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Dyno Nobel Helidon Enterprise Agreement 2020 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 21 April 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited sought approval for the Dyno Nobel Helidon Enterprise Agreement 2020 from the Fair Work Commission. The application involved determining whether the agreement met the criteria for registration under the Fair Work Act 2009, including that it facilitated the efficient conduct of the employer's business and ensured fairness for all parties involved.

The legal issues before the court included whether the agreement provided for genuine bargaining, contained provisions that were not unfair, and if it allowed for the efficient operation of the employer's business. The court had to consider the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 1999, ensuring the agreement was not only procedurally but also substantively fair.

The Fair Work Commission found that the agreement had been genuinely bargained for, and the terms and conditions were fair. The commission assessed the impact on the employer's operations and determined that the agreement facilitated the efficient conduct of the employer's business. The commission concluded that all legal criteria were met and approved the enterprise agreement.

The final orders included the approval of the Dyno Nobel Helidon Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring it became a legally binding document between the employer and the employees.

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