Dyno Nobel Asia Pacific Pty Limited

[2013] FWCA 3691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2013/6569)

DYNO NOBEL WESTERN AUSTRALIA REMOTE UNDERGROUND OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 JUNE 2013

Application for approval of the Dyno Nobel Western Australia Remote Underground Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Western Australia Remote Underground Operations Enterprise Agreement 2013. 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 ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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 Western Australia Remote Underground Operations Enterprise Agreement 2013. The application arose from negotiations between Dyno Nobel and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration.

The legal issues before the court were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether it complied with the "better off overall test". This test requires that the terms of the agreement be no less favourable to the employees than the applicable award or safety net. Additionally, the court considered whether the agreement fairly reflected the balance of workplace rights and obligations.

The Fair Work Commission found that the agreement was procedurally valid, having been made through genuine bargaining between the parties. The Commission concluded that the agreement was better off overall for the employees, as it provided for wages and conditions that were at least as favourable as those in the applicable award. Furthermore, the agreement was found to fairly reflect the balance of workplace rights and obligations. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The final orders of the Commission were that the Dyno Nobel Western Australia Remote Underground Operations Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. The registration ensured that the terms of the agreement would apply to the employees covered by the agreement, providing them with the benefits and protections outlined in the approved terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established