| [2022] FWCA 1828 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dyno Nobel Asia Pacific Pty Limited T/A Dyno Nobel Asia Pacific Pty Limited
(AG2022/1618)
Dyno Nobel WA Remote Underground OperationsEnterprise Agreement 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | PERTH, 3 JUNE 2022 |
Application for approval of the Dyno Nobel WA Remote Underground Operations Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Dyno Nobel WA Remote Underground Operations Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dyno Nobel Asia Pacific Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 2 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020) and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 3 June 2026.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Dyno Nobel Asia Pacific Pty Limited T/A Dyno Nobel Asia Pacific Pty Limited [2022] FWCA 1828
- Case
- [2022] FWCA 1828
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement provided a safety net of minimum wages and conditions that was no less favourable than those provided under the relevant awards. The Commission also needed to consider whether the agreement was procedurally sound, ensuring that it was negotiated in good faith and that employees had been adequately informed and consulted. Furthermore, the Commission examined whether the agreement complied with the good faith bargaining requirement and whether it contained any provisions that were contrary to public policy.
The Commission determined that the agreement met the necessary legal standards. It concluded that the agreement provided a safety net of minimum wages and conditions that was at least equivalent to the relevant awards. The Commission found that the negotiation process was conducted in good faith and that employees had been adequately informed and consulted. Additionally, the Commission confirmed that the agreement did not contain any provisions that were contrary to public policy. Based on these findings, the Commission approved the Dyno Nobel WA Remote Underground Operations Enterprise Agreement 2022.
The Fair Work Commission approved the Dyno Nobel WA Remote Underground Operations Enterprise Agreement 2022, effective from the date of the decision. The agreement is now registered and enforceable under the Fair Work Act 2009, governing the terms and conditions of employment for Dyno Nobel's remote underground operations employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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