Dyno Nobel Asia Pacific Pty Limited

[2023] FWCA 2115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited

(AG2023/2100)

DYNO NOBEL MOURA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 JULY 2023

Application for approval of the Dyno Nobel Moura Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moura Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 11 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Limited applied to the Fair Work Commission for approval of the Dyno Nobel Moura Enterprise Agreement 2023. The Fair Work Commission, led by Deputy President A. A. T. Lee, was tasked with determining whether the proposed agreement was an appropriate enterprise agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who argued that the agreement did not meet the necessary standards for approval.

The legal issues before the Court centred on whether the agreement contained all the necessary provisions required by the Fair Work Act 2009. This included determining if the agreement met the Fair Work Act's requirements for an enterprise agreement, such as the inclusion of a genuine bargaining clause and the provision for a fair and efficient process. The Court also needed to consider whether the agreement complied with the requirements for a single interest employer, as Dyno Nobel is.

The Court found that the agreement met the requirements of the Fair Work Act. The Deputy President noted that the agreement contained all the necessary provisions, including a genuine bargaining clause and a fair and efficient process. The Court also found that the agreement complied with the requirements for a single interest employer, as it was made between a single employer and its employees. The Deputy President concluded that the agreement was an appropriate enterprise agreement and approved it.

The Court made an order approving the Dyno Nobel Moura Enterprise Agreement 2023 as a certified agreement. The Deputy President noted that the agreement would now be registered with the Fair Work Commission and would come into effect on the date of the order. The Deputy President also noted that the agreement would be available for review and variation by the parties in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established