DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd
(AG2016/3735)

DYNO NOBEL NEWMAN ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Dyno Nobel Newman Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Newman Enterprise Agreement 2016 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2016. The nominal expiry date of the Agreement is 18 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application for approval of the Dyno Nobel Newman Enterprise Agreement 2016 involved Dyno Nobel Asia Pacific Pty Ltd as the applicant and was heard by the Fair Work Commission (FWC). The dispute centred around whether the proposed enterprise agreement met the criteria for registration under the Fair Work Act 2009. Specifically, the applicant sought to register an enterprise agreement that would govern the employment terms and conditions for its employees in the Newman region.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, including the provision of adequate minimum rates of pay, and whether it complied with the procedural requirements for registration. The applicant argued that the proposed agreement was a genuine bargain between the parties and met all necessary criteria. In response, no objections were raised by any party, which was a significant factor in the Commission's consideration.

The FWC found that the agreement contained fair and reasonable terms for the employees and complied with all necessary statutory requirements. The Commission noted the absence of objections from any party involved, which indicated a consensus among the bargaining parties. Additionally, the Commission determined that the agreement met the procedural requirements for registration, including proper notice and the opportunity for consultation. Consequently, the Commission approved the registration of the Dyno Nobel Newman Enterprise Agreement 2016, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to the relevant 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