DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2017/4665)

INCITEC PIVOT LIMITED GIBSON ISLAND MANUFACTURING COLLECTIVE WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 27 NOVEMBER 2017

Application for approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace 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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Incitec Pivot Limited sought approval from the Fair Work Commission for the Gibson Island Manufacturing Collective Workplace Agreement 2017. The dispute arose between the employer and the Australian Manufacturing Workers' Union, which represents the employees. The application was heard in the Fair Work Commission, which is responsible for approving enterprise agreements to ensure they meet the statutory requirements outlined in the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement met the requirements for "coverage" and "bargaining," as well as whether it contained terms that were contrary to public policy or contravened any other provisions of the Act. Additionally, the Commission examined if the agreement was made in good faith and if the appropriate procedural fairness was observed during its negotiation.

The Fair Work Commission determined that the agreement met all the statutory requirements for approval. The Commission found that the agreement was made in good faith and that the proper procedures were followed during its negotiation. Furthermore, the Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or that contravened any other provisions of the Fair Work Act. Given these findings, the Commission approved the Gibson Island Manufacturing Collective Workplace Agreement 2017.

The Commission issued an order approving the agreement, effective from the date of the decision. The order mandated that the agreement be registered with the Fair Work Commission and that it be provided to all employees covered by the agreement. This decision provided legal certainty for both the employer and the employees, ensuring that the terms of the agreement were enforceable and compliant with the relevant legislation.

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