DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Incitec Pivot Limited
(AG2019/5024)

INCITEC PIVOT LIMITED GIBSON ISLAND PDC MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 7 FEBRUARY 2020

Application for approval of the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020 - approval - undertaking

[1] An application has been made for approval of an enterprise agreement to be known as the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2020 (Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Incitec Pivot Limited (Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 February 2020. The nominal expiry date of the Agreement is 7 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Incitec Pivot Limited for approval of the Gibson Island PDC Maintenance Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which was required to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The dispute centred on the process by which the agreement was negotiated and the provisions relating to the protection of certain employees from adverse action during the term of the agreement.

The primary legal issue before the Commission was whether the negotiation process for the agreement was conducted in good faith and whether the agreement contained appropriate provisions for the protection of employees from adverse action. The Commission had to consider whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient means of resolving workplace disputes and whether it adequately protected employees' rights.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement contained appropriate provisions for the protection of employees from adverse action. The Commission considered that the agreement provided for a fair and efficient means of resolving workplace disputes and that it adequately protected employees' rights. The Commission was satisfied that the agreement met the statutory requirements for approval and accordingly granted the application for approval of the agreement. The Commission also noted that the parties had undertaken to address certain issues identified during the hearing, which it considered to be appropriate.

The Fair Work Commission approved the Gibson Island PDC Maintenance Enterprise Agreement 2020, subject to the parties' undertaking to address certain issues identified during the hearing. The Commission found that the negotiation process was conducted in good faith and that the agreement contained appropriate provisions for the protection of employees from adverse action. The Commission considered that the agreement provided for a fair and efficient means of resolving workplace disputes and that it adequately protected employees' rights. The Commission was satisfied that the agreement met the statutory requirements for approval and accordingly granted the application for approval of the agreement.

Incitec Pivot Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established