DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2016/5186)

DYNO NOBEL CADIA VALLEY, COBAR AND REGIONAL NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Dyno Nobel Cadia Valley, Cobar and Regional New South Wales Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Cadia Valley, Cobar and Regional New South Wales 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 29 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited applied to the Fair Work Commission for approval of the Dyno Nobel Cadia Valley, Cobar and Regional New South Wales Enterprise Agreement 2016. The application was opposed by the Cadia Valley Miners Union, the Cobar Miners Union, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement, particularly regarding pay rates, overtime entitlements, and other working conditions.

The court had to determine whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. The legal issues included whether the agreement provided for the employees’ pay and conditions to be no less favourable than the relevant industrial instrument or, if none, the national minimum terms and conditions set out in the Fair Work Act. The court also needed to consider whether the agreement was made in good faith and whether it was properly negotiated.

The Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees and complied with the relevant legislation. The court concluded that the agreement provided for pay and conditions that were no less favourable than those provided by the relevant industrial instruments. It was also satisfied that the agreement was made in good faith and was the product of proper negotiation. Consequently, the court approved the enterprise agreement.

The Fair Work Commission ordered that the Dyno Nobel Cadia Valley, Cobar and Regional New South Wales Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the date of the order and would be in effect from 1 July 2016.

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