Dyno Nobel Asia Pacific Pty Limited

[2014] FWCA 5981

FAIR WORK COMMISSION

DECISION

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

Dyno Nobel Asia Pacific Pty Limited
(AG2014/7060)

SOUTHERN & CENTRAL EXPLOSIVE SERVICES ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 29 AUGUST 2014

Application for approval of the Southern & Central Explosive Services Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern & Central Explosive Services Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 5 September 2014. The nominal expiry date of the Agreement is 5 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Dyno Nobel Asia Pacific Pty Limited recently appeared before the Fair Work Commission to seek approval for the Southern & Central Explosive Services Enterprise Agreement 2014 - 2017. The application was made under section 233 of the Fair Work Act 2009. The applicant sought to have the agreement registered as a registered agreement under the Act, ensuring its enforceability and adherence to the statutory requirements. The dispute centred around the validity and fairness of the proposed agreement, which aimed to govern the terms and conditions of employment for employees within the specified regions.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for registration as a registered agreement under the Fair Work Act. This involved scrutinising the agreement's compliance with the Act's provisions, particularly in relation to its procedural fairness and substantive fairness. The Commission had to determine if the agreement was genuinely negotiated between the employer and the employees, and whether it contained terms that were fair and reasonable in all the circumstances. Additionally, the Commission considered whether the agreement met the requirements for coverage, including the proper classification of employees and the appropriate bargaining units.

The Fair Work Commission, after careful consideration, found that the proposed agreement was procedurally and substantively fair and met the requirements for registration. The Commission noted that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The agreement was deemed to cover the appropriate employees and bargaining units, and it complied with all statutory requirements under the Fair Work Act. Consequently, the Commission approved the agreement and registered it as a registered agreement, effective from the specified period.

The final orders included the registration of the Southern & Central Explosive Services Enterprise Agreement 2014 - 2017 as a registered agreement under the Fair Work Act. The agreement was to be enforceable from the date of registration, providing clarity and legal certainty to the parties involved. The decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between Dyno Nobel Asia Pacific Pty Limited and the employees covered by the agreement, subject to the provisions of the Fair Work Act.

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Legal Principle Established