Dyno Nobel Asia Pacific Pty Ltd

[2013] FWCA 4105

FAIR WORK COMMISSION

DECISION

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

Dyno Nobel Asia Pacific Pty Ltd
(AG2013/1434)

DYNO NOBEL NORTH QUEENSLAND REGIONAL ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER MACDONALD	SYDNEY, 26 JUNE 2013

Application for approval of the Dyno Nobel North Queensland Regional Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel North Queensland Regional Enterprise Agreement 2013 (the Agreement). The application was made by Dyno Nobel Asia Pacific Pty Ltd 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 3 July 2013. The nominal expiry date of the Agreement is 3 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement in question, the Dyno Nobel North Queensland Regional Enterprise Agreement 2013, aimed to regulate the terms and conditions of employment for employees of Dyno Nobel in the North Queensland region. The company contended that the agreement was fair and reasonable, while unions argued against its approval, citing various concerns regarding employee conditions and entitlements. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to address involved whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements set out in the Fair Work Act. Key points of contention included the adequacy of the agreement's provisions regarding pay rates, shift differentials, penalty rates, and the overall fairness of the agreement in light of the principles of contemporary enterprise bargaining. The Commission also needed to consider whether the agreement was appropriately negotiated and whether it had been properly certified by the Australian Building and Construction Commission.

The Fair Work Commission ultimately found that the Dyno Nobel North Queensland Regional Enterprise Agreement 2013 was fair and reasonable. It determined that the agreement provided for appropriate terms and conditions, including pay rates and shift differentials, and that it adhered to the procedural requirements of the Act. The Commission considered the principles of contemporary enterprise bargaining and concluded that the agreement was fair in its entirety. Consequently, the Commission approved the agreement, finding it met the necessary criteria for endorsement. The decision was made on the basis that the agreement balanced the interests of both employers and employees, ensuring fair terms while also fostering a conducive environment for enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established