DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2020/52)

DYNO NOBEL WA DOWN THE HOLE SERVICE SITES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 27 FEBRUARY 2020

Application for approval of the Dyno Nobel WA Down the Hole Service Sites Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel WA Down the Hole Service Sites Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Dyno Nobel Asia Pacific Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 21 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited sought approval of the Dyno Nobel WA Down the Hole Service Sites Enterprise Agreement 2020 from the Fair Work Commission. The agreement aimed to govern the terms and conditions of employment for certain employees within the company. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009.

The legal issues before the commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements for approval, and whether it contained terms that were contrary to public policy or unfair. The primary focus was on the procedural fairness in the agreement's development, including whether genuine bargaining had occurred and whether all relevant employees had been appropriately consulted.

The commission found that the agreement was genuinely developed through the process of good faith bargaining and that all procedural requirements had been met. It determined that the agreement was not contrary to public policy or unfair. The CFMEU's arguments regarding the lack of genuine bargaining and procedural fairness were dismissed. Consequently, the commission approved the enterprise agreement, finding it to be in compliance with the legislative requirements.

The final orders of the commission were that the Dyno Nobel WA Down the Hole Service Sites Enterprise Agreement 2020 be approved. This decision effectively endorsed the agreement as a binding instrument governing the terms of employment for the specified employees within the company.

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