DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Moranbah Pty Ltd
(AG2015/1289)

DYNO NOBEL MORANBAH AMMONIUM NITRATE PLANT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2015the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Dyno Nobel Moranbah 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 2 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dyno Nobel Moranbah Pty Ltd is a company that manufactures explosives, and it has sought approval of a new enterprise agreement, the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2015, from the Fair Work Commission. The applicant was represented by counsel and the Australian Council of Trade Unions and the Australian Manufacturing Workers' Union appeared on behalf of the unions involved. The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it contained certain mandatory terms. The Commission needed to consider whether the agreement was appropriately certified and whether it complied with all statutory requirements.

The Commission determined that the agreement was appropriately certified, and the parties had made the agreement in good faith. It found that the applicant had provided sufficient evidence of the agreement's negotiation and that the unions had adequately represented their members. The Commission further found that the agreement contained all the mandatory terms required by the Fair Work Act. In particular, it satisfied the requirements regarding minimum wages and conditions, as well as provisions for dispute resolution. The Commission concluded that the agreement was fair and reasonable and met all the statutory requirements for approval.

As a result of the Commission's decision, the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2015 was approved, effective from the date of the decision. The approved agreement will now govern the terms and conditions of employment for the relevant employees of Dyno Nobel Moranbah Pty Ltd. The Commission's approval ensures that the agreement is legally binding and enforceable, providing certainty for both the employer and the employees. This outcome reflects the Commission's role in facilitating fair and effective industrial relations in Australia.

Dyno Nobel Moranbah Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established