Dyno Nobel Asia Pacific Pty Limited Summary

[2014] FWCA 3783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2014/904)

DYNO NOBEL HELIDON ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 JUNE 2014

Application for approval of the Dyno Nobel Helidon Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Helidon Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s185 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 Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 17 April 2014.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Dyno Nobel Asia Pacific Pty Limited to have the Dyno Nobel Helidon Enterprise Agreement 2014 - 2016 approved as a registered agreement. Dyno Nobel, the applicant, sought the approval of the agreement to ensure that the terms and conditions of employment for its employees were legally binding and enforceable. The application was contested by the respondent, the Australian Manufacturing Workers' Union, which raised concerns about the agreement's compliance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it was made in good faith and whether it contained the necessary minimum terms and conditions. The Commission needed to determine if the agreement was a genuine enterprise agreement, as defined by the Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement was made without coercion and whether it complied with procedural fairness.

In assessing the application, the Commission reviewed the evidence and submissions from both parties. It examined the process through which the agreement was negotiated and whether the union had genuinely represented its members. The Commission found that the agreement was made in good faith and was not the result of any coercion. It also concluded that the agreement contained the necessary minimum terms and conditions and was fair and reasonable. The Commission was satisfied that the union had genuinely represented its members during the negotiation process and that the agreement was procedurally fair.

The Commission approved the Dyno Nobel Helidon Enterprise Agreement 2014 - 2016 as a registered agreement, finding that it complied with the requirements of the Fair Work Act. The agreement was registered, and the terms and conditions set out in the agreement became legally binding on the parties.

Dyno Nobel Asia Pacific Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established