Dyno Nobel Asia Pacific Pty Ltd T/A Dyno Nobel

[2024] FWCA 4257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd T/A Dyno Nobel

(AG2024/4401)

DYNO NOBEL KALGOORLIE MANUFACTURING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 2 DECEMBER 2024

Application for approval of the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2024.

Dyno Nobel Asia Pacific Pty Ltd T/A Dyno Nobel (the Applicant) has made an application for the approval of an enterprise agreement known as the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 2 December 2024 and, in accordance with s 54, will operate from 9 December 2024. Despite clause 4 of the Agreement, the nominal expiry date of the Agreement is 2 December 2028 in accordance with s 186(5) of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd, trading as Dyno Nobel, sought approval of an enterprise agreement from the Fair Work Commission. The dispute concerned the terms and conditions of employment for employees within the Kalgoorlie manufacturing enterprise. The matter was heard by the Commission, led by Commissioner Scott.

The primary legal issues before the Commission involved the fairness and validity of the proposed agreement. This included assessing whether the agreement complied with statutory requirements, including the process by which it was negotiated and whether it provided for the appropriate minimum entitlements for the employees. The Commission also needed to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off as a result of the agreement.

Upon reviewing the evidence and submissions, the Commission found that the agreement was fair and met all necessary statutory requirements. The Commission noted the thoroughness of the negotiation process and the provisions included within the agreement. The Commission concluded that the agreement provided for appropriate minimum entitlements and met the better off overall test. Consequently, the Commission approved the Dyno Nobel Kalgoorlie Manufacturing Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established