DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2018/4596)

INCITEC PIVOT NEWCASTLE PDC ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 FEBRUARY 2019

Application for approval of the Incitec Pivot Newcastle PDC Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Newcastle PDC Enterprise Agreement 2018-2021 (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] 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, 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) 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 19 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Incitec Pivot Limited, who sought approval of the Incitec Pivot Newcastle PDC Enterprise Agreement 2018-2021. The dispute was lodged in the Fair Work Commission, where the company argued that the agreement was necessary to allow for efficient and productive operations. The dispute centred on whether the agreement complied with the relevant industrial legislation and if it was in the best interest of the employees.

The legal issues before the court included whether the agreement provided fair and reasonable terms for the employees, and whether it met the requirements for approval under the Fair Work Act 2009. The court had to consider various factors, such as the nature of the bargaining, the fairness of the terms, and the effect of the agreement on the employees.

The Fair Work Commission found that the agreement was fairly and reasonably negotiated and provided fair and reasonable terms for the employees. The court was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission approved the application for the agreement, recognising its importance for the operations of Incitec Pivot Limited.

The Fair Work Commission approved the Incitec Pivot Newcastle PDC Enterprise Agreement 2018-2021, recognising its importance for the operations of Incitec Pivot Limited. The Commission found that the agreement was fairly and reasonably negotiated and provided fair and reasonable terms for the employees. The court was satisfied that the agreement met the requirements for approval under the Fair Work Act 2009.

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