DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2017/2942)

INCITEC PIVOT PHOSPHATE HILL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Incitec Pivot Phosphate Hill Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Phosphate Hill 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.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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. AMWU

[6] The Agreement was approved on 19 October 2017 and, in accordance with s.54, will operate from 26 October 2017. The nominal expiry date of the Agreement is19 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Incitec Pivot Limited, the applicant, applied for the approval of the Incitec Pivot Phosphate Hill Enterprise Agreement 2017. The respondents, who included various trade unions, opposed the application. The dispute was heard in the Fair Work Commission. The central legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement had been fairly negotiated.

The Commission considered the arguments presented by both parties, focusing on whether the agreement met the statutory requirements for approval and whether the negotiation process was bona fide. The applicant argued that the agreement was fair and reasonable, while the respondents contended that certain provisions were not in line with the statutory criteria. After reviewing the evidence and arguments, the Commission found that the agreement generally complied with the requirements of the Act, and that it was fairly negotiated. The Commission approved the agreement, emphasising the importance of fair and reasonable terms for both employers and employees.

The Fair Work Commission approved the Incitec Pivot Phosphate Hill Enterprise Agreement 2017, finding that it met the statutory requirements and was fairly negotiated. The Commission's decision highlights the importance of ensuring that enterprise agreements comply with the Fair Work Act 2009 and that the negotiation process is bona fide. This case serves as a reminder for both employers and employees to carefully consider the terms of any proposed agreement and to ensure that the negotiation process is fair and transparent.

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