DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2018/403)

DYNO NOBEL BAJOOL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2018

Application for approval of the Dyno Nobel Bajool Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Bajool Enterprise Agreement 2017 (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] The Applicant 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2018. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, the Dyno Nobel Bajool Enterprise Agreement 2017, was intended to govern the employment conditions of certain employees of the company. The application for approval was made in accordance with the Fair Work Act 2009.

The primary legal issue for the Fair Work Commission to decide was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly whether it was a "better off overall test" (BOOT) agreement. The Commission had to assess if the agreement provided employees with improved conditions overall compared to the relevant awards or previous agreements, and if it complied with the procedural requirements set out in the Act.

In considering these issues, the Commission evaluated the evidence presented by the parties and examined the specific terms and conditions of the proposed agreement. It found that the agreement satisfied the BOOT requirement and that all procedural requirements had been met. The Commission was satisfied that the agreement provided employees with overall improved conditions and that it was fairly negotiated and appropriately presented.

The Fair Work Commission approved the Dyno Nobel Bajool Enterprise Agreement 2017, effective from the date of the decision. This decision allowed the agreement to be registered and enforceable under the Fair Work Act, governing the employment conditions of the relevant employees as per the terms outlined in the approved agreement.

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