DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2019/1027)

DYNO NOBEL MOURA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 6 MAY 2019

Application for approval of the Dyno Nobel Moura Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moura Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 13 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited sought approval for the Dyno Nobel Moura Enterprise Agreement 2019, which was submitted to the Fair Work Commission for ratification. The dispute involved the terms and conditions of employment for employees of Dyno Nobel, focusing on the agreement's provisions concerning wages, hours of work, and other employment conditions. The company argued that the agreement was fair and reasonable, while the Australian Manufacturing Workers' Union opposed it, citing concerns about the impact on employee conditions and rights.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any improper influence or coercion. The Commission had to determine if the agreement was in the best interests of the employees and whether it complied with the procedural and substantive fairness standards. The Commission also had to consider the views and submissions of both parties and any relevant precedents or guidelines.

The Fair Work Commission found that the Dyno Nobel Moura Enterprise Agreement 2019 was fair and reasonable and met the necessary statutory requirements. The Commission noted that the agreement provided for appropriate wage rates, working conditions, and other employment terms that were consistent with the principles of procedural and substantive fairness. The Commission further found that the agreement had been negotiated in good faith and that there was no evidence of any improper influence or coercion affecting the negotiation process. As a result, the Commission approved the agreement, finding that it was in the best interests of the employees and met all legal requirements.

The Fair Work Commission approved the Dyno Nobel Moura Enterprise Agreement 2019, effective from the date of the decision. The Commission's approval was based on the findings that the agreement was fair and reasonable, provided for appropriate terms and conditions of employment, and complied with all legal requirements. The decision confirmed the validity of the agreement and its implementation for the employees of Dyno Nobel Asia Pacific Pty Limited.

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