Incitec Pivot Limited

[2024] FWCA 1122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Incitec Pivot Limited

(AG2024/630)

INCITEC PIVOT LIMITED GIBSON ISLAND PDC MAINTENANCE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 28 MARCH 2024

Application for approval of the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island PDC Maintenance Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

On 26 March 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clause 3.1. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 28 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Incitec Pivot Limited, which sought approval of the Gibson Island PDC Maintenance Enterprise Agreement 2024. The applicant argued that the agreement was fair and reasonable for the employees covered by it. The matter was heard in the Fair Work Commission. The primary legal issues revolved around whether the proposed agreement met the statutory requirements for being deemed "fair and reasonable" under the Fair Work Act 2009. The court had to determine if the agreement complied with all relevant provisions of the Act and if it provided adequate protections for employees.

The court examined the agreement's provisions in detail, assessing them against the legislative standards for fairness and reasonableness. It considered the bargaining positions of the parties, the extent to which the agreement reflected the views of the employees, and whether it provided for fair and adequate terms and conditions. The court also evaluated if the agreement provided sufficient mechanisms for dispute resolution and whether it included appropriate provisions for employees' health, safety, and welfare. Ultimately, the court found that the agreement was fair and reasonable for the purposes of the Act.

In reaching its decision, the court emphasised the importance of ensuring that agreements provided fair terms and conditions and adequate protections for employees. It highlighted that the agreement must not only be procedurally sound but also substantively fair. The court concluded that the proposed agreement met these requirements and was therefore approved. The final orders of the court confirmed the approval of the Gibson Island PDC Maintenance Enterprise Agreement 2024, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established