Dyno Nobel Asia Pacific Pty Limited

[2021] FWCA 6753

FAIR WORK COMMISSION

DECISION

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

Dyno Nobel Asia Pacific Pty Limited
(AG2021/8227)

DYNO NOBEL WA SURFACE OPERATIONS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 18 NOVEMBER 2021

Application for approval of the Dyno Nobel WA Surface Operations Enterprise Agreement 2021.

[1] Dyno Nobel Asia Pacific Pty Limited has applied for approval of a single enterprise agreement known as the Dyno Nobel WA Surface Operations Enterprise Agreement 2021 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 25 November 2021. The nominal expiry date of the Agreement is 24 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dyno Nobel Asia Pacific Pty Limited sought approval of the Dyno Nobel WA Surface Operations Enterprise Agreement 2021. The dispute arose from negotiations between the employer and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), regarding the terms of their employment. The agreement in question was the product of these negotiations and needed to be approved to ensure its enforceability.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was "genuinely negotiated" and whether it complied with the "better off overall test." The Commission had to ensure that the agreement provided a fair and reasonable outcome for the employees, considering their overall entitlements, benefits, and conditions.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the better off overall test. The Commission concluded that the agreement provided a fair and reasonable outcome for the employees, taking into account their overall entitlements and benefits. Consequently, the Commission approved the Dyno Nobel WA Surface Operations Enterprise Agreement 2021.

The Fair Work Commission's approval of the agreement means that it is now a legally binding contract between Dyno Nobel Asia Pacific Pty Limited and its employees. This outcome ensures that the terms and conditions of employment are clearly defined and enforceable, providing certainty and stability for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established