DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2021/6524)

PIVOT NEWCASTLE PDC ENTERPRISE AGREEMENT - 2021 - 2024

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2021

Application for approval of the Pivot Newcastle PDC Enterprise Agreement - 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Pivot Newcastle PDC Enterprise Agreement - 2021 - 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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Incitec Pivot Limited sought approval for the Pivot Newcastle PDC Enterprise Agreement - 2021 - 2024. The dispute involved the terms and conditions of employment for the employees covered by the agreement, specifically addressing issues related to wage rates, leave entitlements, and other employment benefits. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms for the employees, whether it complied with the provisions of the Fair Work Act, and if it appropriately balanced the interests of both the employer and the employees. Additionally, the Commission had to consider the extent to which the agreement facilitated productivity and efficiency within the workplace, while also ensuring that employees were not disadvantaged.

The Commission found that the agreement met the criteria set out in the Fair Work Act. It was deemed to provide fair and reasonable terms and conditions for the employees, taking into account their specific needs and the overall economic context. The agreement was also found to be consistent with the principles of enterprise bargaining and the need to promote productivity and efficiency. Consequently, the Commission approved the Pivot Newcastle PDC Enterprise Agreement - 2021 - 2024, determining that it was in the best interests of the employees and met the legal standards required.

The Commission issued an order approving the Pivot Newcastle PDC Enterprise Agreement - 2021 - 2024, effective from the date of the decision. The agreement was to apply to the employees specified within the application, and both Incitec Pivot Limited and the relevant employee representatives were directed to take all necessary steps to implement the agreement. The decision was made in accordance with the Fair Work Act, ensuring that the terms of the agreement were fair, reasonable, and beneficial to the employees involved.

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