DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2017/2041)

DYNO NOBEL CENTRAL AND SOUTH QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 20 JUNE 2017

Application for approval of the Dyno Nobel Central and South Queensland Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Central and South Queensland Operations 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] 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2017. The nominal expiry date of the Agreement is 19 June 2019.

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 Central and South Queensland Operations Enterprise Agreement 2017. The application was brought before the Fair Work Commission to ensure the agreement complied with the relevant industrial relations laws. The primary dispute involved whether the agreement adequately met the requirements set out in the Fair Work Act 2009, specifically concerning procedural fairness and the provisions relating to employees' rights and obligations.

The legal issues the court had to decide included whether the agreement was made in accordance with the procedural fairness requirements and whether it contained all the mandatory terms stipulated by the Act. Another key issue was whether the agreement provided adequate protections and benefits to the employees as mandated by the legislation. Additionally, the court had to assess if the agreement addressed the specific concerns and needs of the employees involved in the Central and South Queensland operations.

The court examined the process through which the agreement was made, considering if it involved genuine consultation and negotiation between the employer and the employees. The court also evaluated the substantive terms of the agreement to ensure they were fair and reasonable. After a thorough review, the court found that the agreement met the necessary legal standards and was made in a manner that complied with procedural fairness. The court approved the agreement, recognising that it provided adequate protections and benefits to the employees while also addressing the employer's needs.

The Fair Work Commission approved the Dyno Nobel Central and South Queensland Operations Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009. The court's decision recognised the agreement's adherence to procedural fairness and its inclusion of all mandatory terms. This approval ensures that the agreement is legally binding and can be implemented to govern the employment conditions for the relevant workforce.

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