Dyno Nobel Asia Pacific Pty Ltd T/A Dyno Nobel Asia Pacific Pty Ltd

[2024] FWCA 3876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Ltd T/A Dyno Nobel Asia Pacific Pty Ltd

(AG2024/3807)

DYNO NOBEL WA SURFACE OPERATIONS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2024

Application for approval of the Dyno Nobel WA Surface Operations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Dyno Nobel WA Surface Operations Enterprise Agreement 2024 (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 T/A Dyno Nobel Asia Pacific Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 13 November 2024. The nominal expiry date of the Agreement is 6 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Asia Pacific Pty Ltd applied to the Fair Work Commission for the approval of the Dyno Nobel WA Surface Operations Enterprise Agreement 2024. The application involved the agreement's terms and conditions, which were negotiated between the company and the employees' representative. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for registration under the Fair Work (Registered Organisations) Act 2009. The court had to determine if the agreement was a lawful and valid enterprise agreement, and if it appropriately represented the employees' interests.

The legal issues before the court involved the validity of the agreement's content, the process through which it was negotiated, and whether the agreement fulfilled the statutory requirements for registration. The court examined if the agreement covered all necessary matters, if it adhered to the procedural fairness principles, and if it was consistent with the overarching provisions of the Fair Work Act. Additionally, the court assessed whether the agreement provided adequate protection for employees' rights and interests.

The Fair Work Commission concluded that the Dyno Nobel WA Surface Operations Enterprise Agreement 2024 was valid and met all necessary statutory requirements. The court found that the agreement was negotiated in good faith, covered all required matters, and provided fair and reasonable terms for the employees. The commission approved the agreement based on its compliance with the relevant legislation and its alignment with the principles of procedural fairness and protection of employee rights. The court's decision confirmed the agreement's validity, allowing it to be registered and implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established