Dyno Nobel Asia Pacific Pty Ltd

[2013] FWCA 6293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd
(AG2013/2170)

DYNO NOBEL BAJOOL ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Dyno Nobel Bajool Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Bajool Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 6 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd sought approval for the Dyno Nobel Bajool Enterprise Agreement 2013. The application was before the Fair Work Commission, which is responsible for approving enterprise agreements under Australian labour laws. The agreement in question aimed to establish terms and conditions of employment for Dyno Nobel's employees at the Bajool site. The dispute centred on whether the agreement met the legal requirements for approval, particularly regarding the proper consultation process with the employees and the agreement's fairness.

The primary legal issues the court had to resolve were whether Dyno Nobel had genuinely consulted with the employees and whether the agreement was fair and reasonable. Genuine consultation requires more than mere notification; it necessitates meaningful engagement with the employees. The fairness test involves a consideration of whether the agreement provides for terms and conditions that are no less favourable than the relevant award or registered agreement. Furthermore, the court examined whether the agreement included appropriate dispute resolution provisions and whether it was consistent with the national workplace relations system.

In determining the approval, the Fair Work Commission considered evidence of the consultation process and the terms of the agreement. The Commission found that Dyno Nobel had engaged in a genuine consultation process, involving discussions with employee representatives and providing them with relevant information. Regarding fairness, the Commission noted that the agreement provided for terms and conditions that were at least as favourable as those in the relevant award, and it included adequate dispute resolution mechanisms. The Commission concluded that the agreement was fair and reasonable and approved the Dyno Nobel Bajool Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established