Dyno Nobel Asia Pacific Pty Limited

[2019] FWCA 1874

[2019] FWCA 1874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2018/5301)

DYNO NOBEL WA REMOTE OPEN CUT SERVICE SITES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 MARCH 2019

Application for approval of the Dyno Nobel WA Remote Open Cut Service Sites Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel WA Remote Open Cut Service Sites Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Employer. No objection was raised.

[5] The Agreement was approved on 21 March 2019 and, in accordance with s 54, will operate from 28 March 2019. The nominal expiry date of the Agreement is 21 March 2021.

DEPUTY PRESIDENT

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Annexure A