Incitec Pivot Limited

[2018] FWCA 363

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Incitec Pivot Limited

(AG2017/4528)

Incitec Pivot Portland Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 17 JANUARY 2018

Application for approval of the Incitec Pivot Portland Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Incitec Pivot Portland Enterprise Agreement 2017 (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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2018. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Incitec Pivot Limited, represented by its employees, applied to the Fair Work Commission for approval of the Incitec Pivot Portland Enterprise Agreement 2017. The applicant sought to have the agreement registered, arguing it complied with the requirements of the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which had been negotiated between the employer and the union representing the employees.

The legal issues before the Commission included whether the agreement met the criteria for registration as set out in the Fair Work Act, particularly concerning its coverage, negotiation, and content. The Commission needed to determine if the agreement was made in good faith, whether it was fairly negotiated, and if it provided for proper dispute resolution mechanisms. Additionally, the Commission had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2012 and any relevant public policy considerations.

The Commission examined the submissions and evidence presented by both parties. It found that the agreement had been negotiated in good faith and provided for proper dispute resolution. The Commission also confirmed that the agreement was consistent with the relevant Acts and did not contravene any public policy considerations. Consequently, the Fair Work Commission approved the registration of the Incitec Pivot Portland Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established