Dyno Nobel Asia Pacific Pty Ltd Summary

[2013] FWCA 6306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd
(AG2013/2171)

DYNO NOBEL MOURA ENTERPRISE AGREEMENT 2013

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

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

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moura 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 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dyno Nobel Asia Pacific Pty Ltd applied for the approval of the Dyno Nobel Moura Enterprise Agreement 2013. The agreement in question sought to establish new terms and conditions of employment for the workers at the Moura coal mine in Queensland. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement failed to meet certain legal standards and did not fairly represent the interests of the employees.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" (BOOT) agreement, whether it was made in good faith, and whether it provided for proper dispute resolution mechanisms. Additionally, the Commission needed to determine if the agreement adequately covered all mandatory terms and conditions as prescribed by the Act.

The Commission found that the agreement met the statutory criteria for approval. It was determined that the agreement was a BOOT agreement, providing employees with improved conditions compared to the existing awards. The Commission also concluded that the agreement was made in good faith and provided appropriate mechanisms for dispute resolution. Furthermore, the agreement was found to cover all mandatory terms and conditions as required by the Fair Work Act. Based on these findings, the Commission approved the Dyno Nobel Moura Enterprise Agreement 2013.

The Commission made orders approving the Dyno Nobel Moura Enterprise Agreement 2013, effective from the date of the decision. The agreement was registered with the Fair Work Commission, and it became the governing instrument for the terms and conditions of employment for the workers at the Moura coal mine.

Dyno Nobel Asia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established