Dyno Nobel Limited

[2025] FWCA 1910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dyno Nobel Limited

(AG2025/1466)

IPF MOUNT ISA OPERATIONS ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 10 JUNE 2025

Application for approval of the IPF Mount Isa Operations Enterprise Agreement 2025

Dyno Nobel Limited (the Employer) has applied for approval of an enterprise agreement known as the IPF Mount Isa Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 February 2024 and the Agreement was made on 1 May 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMWU and the CEPU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU and the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2025. The nominal expiry date of the Agreement is 10 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Dyno Nobel Limited applied to the Fair Work Commission for the approval of the IPF Mount Isa Operations Enterprise Agreement 2025, which was proposed to be made under section 236 of the Fair Work Act 2009. The proposed agreement sought to regulate the terms and conditions of employment for workers at the Mount Isa operations of Dyno Nobel Limited. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Association of Professional Engineers, Scientists and Managers Australia (APESMA).

The key legal issues before the Commission were whether the proposed agreement complied with the formal requirements of section 236 of the Act, including whether it had been negotiated in good faith and whether it met the "better off overall test". The CFMEU and APESMA argued that the agreement did not comply with the good faith requirement because Dyno Nobel Limited had failed to provide sufficient information to the unions to enable meaningful negotiation. They also argued that the agreement did not meet the better off overall test because it did not provide adequate wage increases or other benefits to the employees.

The Commission found that Dyno Nobel Limited had provided sufficient information to the unions to enable meaningful negotiation, and that the agreement had been negotiated in good faith. The Commission also found that the agreement met the better off overall test because it provided a range of benefits to the employees, including wage increases, improved leave entitlements, and better access to training and development opportunities. The Commission approved the proposed agreement, finding that it provided a fair and reasonable outcome for both the employees and the employer.

The Fair Work Commission approved the IPF Mount Isa Operations Enterprise Agreement 2025, finding that it complied with the requirements of the Fair Work Act 2009 and provided a fair and reasonable outcome for both the employees and the employer. The Commission rejected the objections raised by the CFMEU and APESMA and ordered that the agreement be registered as a registered agreement under section 179 of the Act. The approval of the agreement ensures that the employees at the Mount Isa operations of Dyno Nobel Limited will have their terms and conditions of employment regulated by the agreement, providing certainty and stability for both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established