DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2018/6341)

INCITEC PIVOT LIMITED PDC PINKENBA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 APRIL 2019

Application for approval of the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2018.

[1] Incitec Pivot Limited has made an application for approval of an enterprise agreement known as the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 10 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for approval of the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2018. The applicants, Incitec Pivot Limited, sought the approval of the agreement which had been negotiated with the union representing the employees. The union, however, objected to the approval of certain aspects of the agreement, claiming that it did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Act, particularly in relation to the terms concerning redundancy payments, shift penalties, and the scope of casual employment. The union argued that the agreement did not adequately protect employee entitlements and failed to comply with the good faith bargaining obligations under the Act.

The Commission considered the arguments of both parties and examined the provisions of the agreement in light of the relevant statutory provisions. The Commission found that while some aspects of the agreement required modification to ensure compliance with the Act, others did not warrant objection. After making the necessary amendments, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The union's objections were largely addressed, ensuring that employee entitlements were adequately protected.

The final orders of the Commission were that the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2018, as modified, be approved and registered. The agreement was to take effect from the date of the Commission's decision, and the parties were directed to take all necessary steps to give effect to the approved 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