DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd
(AG2016/8022)

DYNO NOBEL HELIDON ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2017

Application for approval of the Dyno Nobel Helidon Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Helidon Enterprise Agreement 2016 - 2019 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involved Dyno Nobel Asia Pacific Pty Ltd, the applicant, seeking approval for the Dyno Nobel Helidon Enterprise Agreement 2016-2019. The matter was heard in the Fair Work Commission (FWC). The dispute centred around the fairness and appropriateness of the proposed agreement, which aimed to regulate the employment conditions of certain employees within the company. The application was made under the Fair Work Act 2009, which mandates that any enterprise agreement be approved by the FWC if it is to have legal effect.

The primary legal issues before the FWC were whether the agreement was genuinely an enterprise agreement, if it contained all the mandatory terms required by the Fair Work Act, and if it had been made in accordance with the procedural requirements of the Act. Specifically, the FWC needed to assess if the agreement had been negotiated in good faith, if it covered all relevant employees, and if it provided fair terms and conditions of employment. The FWC also had to determine if the agreement met the requirements for being a simple, single-enterprise agreement and if it was free from any illegal or unfair content.

The FWC concluded that the Dyno Nobel Helidon Enterprise Agreement 2016-2019 met all the necessary criteria. It was found to be a genuine enterprise agreement, negotiated in good faith, covering all relevant employees and meeting the mandatory terms set out in the Fair Work Act. The FWC confirmed that the agreement contained all necessary provisions and had been made following the proper procedures. The FWC was satisfied that the agreement was fair and did not contain any illegal or unfair content, thus granting approval for the agreement to be registered and enforceable. The decision underscored the importance of ensuring that enterprise agreements are negotiated properly and fairly to protect the rights of both employers and employees.

Dyno Nobel Asia Pacific Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established