DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2017/685)

DYNO NOBEL GOLDFIELDS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Goldfields 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 28 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited applied for approval of the Dyno Nobel Goldfields Enterprise Agreement 2017. The applicant sought to have the agreement approved under the Fair Work Act 2009 as a simple, flexible, and fair agreement. The dispute arose because the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) argued that the agreement did not meet the requirements for approval under the Fair Work Act. The Fair Work Commission heard the application.

The legal issues before the Commission were whether the agreement was a simple, flexible, and fair agreement and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission considered the nature and purpose of the agreement, the parties' bargaining power, and the fairness of the agreement's terms. The Commission also considered whether the agreement provided for a proper process for resolving disputes between the parties.

The Commission found that the agreement was a simple, flexible, and fair agreement. The Commission noted that the agreement provided for a transparent and accessible process for resolving disputes and that it contained provisions for good faith bargaining and consultation between the parties. The Commission also found that the agreement was fair and reasonable in all its terms and that it did not contain any provisions that were contrary to public policy. The Commission approved the Dyno Nobel Goldfields Enterprise Agreement 2017.

The Commission's decision was based on the evidence presented by both parties and the Commission's consideration of the relevant legal principles. The Commission found that the agreement was a fair and reasonable agreement that provided for a proper process for resolving disputes between the parties. The Commission also found that the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission approved the Dyno Nobel Goldfields Enterprise Agreement 2017, which will now be binding on the parties.

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