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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited applied to the Fair Work Commission for approval of the Dyno Nobel WA Remote Open Cut Service Sites Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009, seeking a determination that the agreement should be approved as a simple, streamlined or low-paid enterprise agreement. The dispute arose from the negotiation and terms of the enterprise agreement, focusing on whether it met the legislative criteria for approval.

The central legal issues before the Commission involved whether the agreement was a genuine enterprise agreement, negotiated in good faith, and if it contained the required minimum terms and conditions. Additionally, the Commission had to consider if the agreement was a streamlined, simple, or low-paid agreement and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission needed to assess whether the agreement met the necessary standards for approval and if it adhered to the fair work principles set out in the Act.

In delivering its decision, the Fair Work Commission found that the Dyno Nobel WA Remote Open Cut Service Sites Enterprise Agreement 2018 was a genuine enterprise agreement that had been negotiated in good faith. The Commission determined that the agreement contained the required minimum terms and conditions and was a streamlined agreement. The Commission considered the evidence and submissions provided by the parties and concluded that the agreement met all the necessary criteria for approval under the Fair Work Act. The Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

The final orders included the approval of the Dyno Nobel WA Remote Open Cut Service Sites Enterprise Agreement 2018 as a streamlined agreement, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The decision provided clarity and certainty for both the employer and employees, ensuring that the terms and conditions of employment were fair and compliant with the relevant legislation.

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