DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited
(AG2020/1339)

INCITEC PIVOT LIMITED MOUNT ISA OPERATIONS WORKPLACE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2020

Application for approval of the Incitec Pivot Limited Mount Isa Operations Workplace Agreement 2020

[1] Incitec Pivot Limited has made an application for approval of an enterprise agreement known as the Incitec Pivot Limited Mount Isa Operations Workplace Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 10 June 2020 and, in accordance with s 54, will operate from 17 June 2020. The nominal expiry date of the Agreement is 10 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Incitec Pivot Limited Mount Isa Operations Workplace Agreement 2020, which was filed before the Fair Work Commission. The dispute centred on the terms and conditions of the workplace agreement between the employer, Incitec Pivot Limited, and its employees at the Mount Isa operations. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including remuneration and hours of work, and whether it complied with the statutory provisions under the Fair Work Act 2009. The Commission also had to consider whether the agreement was the product of genuine bargaining and whether it met the requirements for simplification and streamlining of workplace agreements. Additionally, the Commission needed to assess whether the agreement contained terms that were fair and reasonable in all respects.

The Fair Work Commission examined the submissions from both parties and the evidence provided. The Commission concluded that the agreement was the product of genuine bargaining and that it contained terms and conditions that were fair and reasonable. The Commission found that the agreement complied with the legislative requirements and was in the best interests of the employees. Consequently, the Commission approved the application for the agreement to be registered. The approval was based on the Commission's assessment that the agreement met all the necessary criteria and would benefit the employees by providing clear and concise terms and conditions of employment.

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