Dyno Nobel Asia Pacific Pty Limited

[2013] FWCA 2232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2013/5058)

DYNO NOBEL PILBARA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 APRIL 2013

Application for approval of the Dyno Nobel Pilbara Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Pilbara Enterprise Agreement 2013 (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 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 three 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 the approval of the Dyno Nobel Pilbara Enterprise Agreement 2013. The application was brought before the Commission in response to objections from the Australian Manufacturing Workers' Union and several individual employees. The dispute centred on the terms of the proposed enterprise agreement, specifically concerning the classification of employees and the implications for their entitlements.

The legal issues before the Commission were whether the proposed agreement complied with the relevant legislative provisions and whether it met the requirements for a fair and effective enterprise agreement. The central issue was whether the classification of certain employees as 'operators' was appropriate and whether this classification was consistent with the broader principles of fairness and equity in enterprise agreements.

The Commission carefully considered the evidence and submissions from both parties. It concluded that the proposed agreement was fair and appropriate, taking into account the specific circumstances of the workplace and the parties' bargaining positions. The Commission found that the classification of employees as 'operators' was reasonable, given the nature of their work and the agreement's provisions for progression and career development. The Commission also determined that the agreement met all statutory requirements for approval.

As a result, the Commission approved the Dyno Nobel Pilbara Enterprise Agreement 2013, affirming its compliance with the Fair Work Act and its fairness in terms of the employees' entitlements and working conditions. The approval is effective from the date of the Commission's decision, ensuring that the agreement governs the employment terms of the relevant employees going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established