DECISION

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

Dyno Nobel Asia Pacific Pty Ltd
(AG2016/2004)

DYNO NOBEL PORT HEDLAND EMULSION PLANT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 4 FEBRUARY 2016

Application for approval of the Dyno Nobel Port Hedland Emulsion Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Port Hedland Emulsion Plant Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 4 February 2016 and, in accordance with s.54, will operate from 11 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code C, AE417679 PR576698

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd applied to the Fair Work Commission for approval of the Dyno Nobel Port Hedland Emulsion Plant Enterprise Agreement 2015. The application was opposed by the National Union of Workers. The dispute involved the terms and conditions of employment for workers at Dyno Nobel’s Port Hedland Emulsion Plant, and the union argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The key legal issues before the court were whether the proposed agreement was a "good faith" agreement and whether it met the "better off overall test" as required by the Fair Work Act. The union argued that the agreement did not meet these criteria as it did not adequately protect the interests of the employees and contained provisions that were not in the best interests of the workforce.

The Fair Work Commission found that the proposed agreement did meet the good faith and better off overall test. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment, and that the employees would be better off overall as a result of the agreement. The Commission also found that the agreement contained provisions that were in the best interests of the workforce, such as provisions for training and development, and that these provisions outweighed any potential negative impacts on the employees.

As a result of the Court's decision, the Dyno Nobel Port Hedland Emulsion Plant Enterprise Agreement 2015 was approved and registered with the Fair Work Commission. The union's opposition to the agreement was dismissed. The Court found that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the Fair Work Act. The approval of the agreement ensures that the employees at Dyno Nobel’s Port Hedland Emulsion Plant have a legally binding enterprise agreement that governs their employment terms and conditions.

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