DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2018/6633)

INCITEC PIVOT LIMITED PDC OPERATIONS GIBSON ISLAND ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 7 MAY 2019

Application for approval of the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited PDC Operations Gibson Island 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 Incitec Pivot Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that Notice of Employee Representational Rights (NERR) sent to employees contains non-prescribed content, it being a superseded version of the NERR. This is content that is not prescribed by the Fair Work Regulations 2009 and therefore contravenes s.174(1A) of the Act. However, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error. 1

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 6 May 2022.

COMMISSIONER

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Incitec Pivot Limited, the Fair Work Commission was asked to approve the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2018. The applicant, Incitec Pivot Limited, sought the approval of this enterprise agreement, which was entered into between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions on minimum entitlements, fair work obligations, and the process of agreement registration.

The legal issues before the commission involved assessing whether the agreement complied with all relevant legislative requirements, ensuring it provided for the minimum entitlements of employees, and verifying that the agreement was fairly and properly made. Additionally, the commission had to consider whether the process of reaching the agreement was conducted in good faith and whether the agreement itself was in the best interests of the employees it covered.

The commission examined the agreement in detail, taking into account the submissions from both parties and the broader context of industrial relations law. It found that the agreement met the necessary requirements under the Fair Work Act. The commission confirmed that the agreement provided for minimum entitlements as required by the Act, and that the process by which the agreement was reached was conducted in good faith. The commission concluded that the agreement was in the best interests of the employees and was therefore approved for registration.

As a result of the commission's decision, the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2018 was approved and registered under the Fair Work Act 2009. This registration provides the agreement with legal enforceability, binding both the company and its employees to the terms set out within it.

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