DYNO NOBEL HUNTER VALLEY ENTERPRISE AGREEMENT 2018

[2020] FWCA 438

[2020] FWCA 438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Asia Pacific Pty Limited
(AG2019/5150)

DYNO NOBEL HUNTER VALLEY ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2020

Application for approval of the Dyno Nobel Hunter Valley Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Hunter Valley Enterprise Agreement 2018 (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 Limited. 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.

[3] I note that Clauses 21, 23, 25 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] I note that Clauses 20.6(2) and 26.3 appear to provide for deductions that are not otherwise permitted deductions as defined in section 324 of the Act, and may be of no effect as per section 326 of the Act.

[5] The Transport Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 28 January 2024.

DEPUTY PRESIDENT

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