DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2016/6093)

DYNO NOBEL WA DOWN HOLE SERVICE SITES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the Dyno Nobel WA Down Hole Service Sites Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel WA Down Hole Service Sites Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 November 2016 and, in accordance with s.54, will operate from 16 November 2016. The nominal expiry date of the Agreement is 9 November 2019.

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 WA Down Hole Service Sites Enterprise Agreement 2016, which was to replace the existing Dyno Nobel WA Down Hole Service Sites Enterprise Agreement 2012. The application was made under section 232 of the Fair Work Act 2009, which requires the Fair Work Commission to approve an enterprise agreement if it meets the "better off overall test". This test requires that the agreement must be at least as good as the relevant award or other safety net provisions in terms of wages and conditions of employment.

The legal issues in the case centred around whether the proposed agreement met the requirements of the "better off overall test" and whether the agreement was in compliance with the relevant provisions of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not meet the "better off overall test" and was not compliant with the Fair Work Act 2009.

The Fair Work Commission found that the proposed agreement met the "better off overall test" and was compliant with the Fair Work Act 2009. The Commission noted that the proposed agreement provided for improved wages and conditions of employment for employees covered by the agreement and that the agreement was in the best interests of the employees. The Commission also found that the agreement was not discriminatory and was consistent with the principles of the Fair Work Act 2009. The application for approval of the proposed agreement was therefore approved.

The Fair Work Commission approved the Dyno Nobel WA Down Hole Service Sites Enterprise Agreement 2016, which will now replace the existing agreement. The agreement provides for improved wages and conditions of employment for employees covered by the agreement and is in the best interests of the employees. The agreement is also compliant with the Fair Work Act 2009 and is not discriminatory.

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