DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2016/256)

DYNO NOBEL MOURA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2016

Application for approval of the Dyno Nobel Moura Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moura Enterprise Agreement 2015 (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 14 March 2016. The nominal expiry date of the Agreement is 6 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Dyno Nobel Asia Pacific Pty Limited sought approval of the Dyno Nobel Moura Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The primary dispute centred on whether the agreement provided adequate protections for employees and whether it complied with the procedural requirements for enterprise agreements.

The key legal issues before the Commission were whether the agreement had been made freely and fairly, whether it contained the necessary "safety net" provisions as mandated by the Fair Work Act, and whether the proper consultation processes had been followed. The union argued that the agreement failed to meet several safety net provisions and that the consultation process was inadequate. The company contended that the agreement was fair and met all legal requirements.

The Commission examined the evidence and arguments presented by both parties. It found that while the agreement contained most of the required safety net provisions, it did not include a clause on parental leave. However, the Commission concluded that this omission did not render the agreement invalid, as the parties had negotiated in good faith and the omission was not deliberate. Regarding the consultation process, the Commission determined that, although there were some procedural shortcomings, these did not significantly affect the overall fairness of the agreement. The Commission ultimately approved the agreement, finding that the benefits to the employees outweighed the minor procedural deficiencies.

The Fair Work Commission approved the Dyno Nobel Moura Enterprise Agreement 2015, subject to the condition that the company insert a parental leave clause within 30 days of the approval decision.

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