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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dyno Nobel Moranbah Pty Ltd T/A Dyno Nobel Ammonia Pty Ltd applied for the approval of the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2018. The company sought to have the agreement recognised as a single-enterprise agreement under the Fair Work Act 2009, applicable to its employees. The dispute arose because the Australian Manufacturing Workers' Union (AMWU) did not support the application, contending that the agreement did not fairly reflect the workforce's interests and that it was not genuinely negotiated.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included whether the agreement was genuinely negotiated, whether it covered the requisite number of employees, and whether it complied with the minimum terms and conditions set by the Fair Work Act. The Commission also needed to determine if the application met the procedural requirements of the Fair Work Act, including the proper notification and consultation processes.

The Commission found that the application met the statutory requirements for approval. The Commission concluded that the agreement was genuinely negotiated and that it covered a sufficient number of employees. The Commission found that the agreement provided for terms and conditions that were not less favourable than the applicable minimum terms and conditions. The Commission also noted that the application process complied with the procedural requirements of the Fair Work Act. Therefore, the Commission approved the Dyno Nobel Moranbah Ammonium Nitrate Plant Enterprise Agreement 2018 as a single-enterprise agreement under the Fair Work Act.

The Commission issued its decision and approval on [specific date], with the approved agreement to take effect from [specific date]. The AMWU's objections were dismissed, and the application was granted. The company may now implement the terms of the approved agreement with its employees.

Dyno Nobel Moranbah Pty Ltd T/A Dyno Nobel Ammonia 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