Dyno Nobel Moranbah Pty Ltd T/A Dyno Nobel Ammonia Pty Ltd

[2019] FWCA 2047

[2019] FWCA 2047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dyno Nobel Moranbah Pty Ltd T/A Dyno Nobel Ammonia Pty Ltd
(AG2018/5410)

DYNO NOBEL MORANBAH AMMONIUM NITRATE PLANT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dyno Nobel Moranbah Ammonium Nitrate Plant 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 Moranbah Pty Ltd T/A Dyno Nobel Ammonia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 7 April 2023.

COMMISSIONER

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<AE502569  PR706298>

Annexure A