DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Incitec Pivot Limited T/A Incitec Pivot
(AG2016/30)

INCITEC PIVOT LIMITED PDC PINKENBA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 28 JANUARY 2016

Application for approval of the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2015 (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 T/A Incitec Pivot. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Price code C, AE417583 PR576470

Annexure A

CaseChat Overview and Summary

Incitec Pivot Limited, trading as Incitec Pivot, sought approval for the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2015. The application was brought before the Fair Work Commission, where the central issue was whether the agreement complied with the necessary legislative standards for employee conditions and rights.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it met the requirements of the Fair Work Act 2009, and whether it was appropriately negotiated. Additionally, the Commission had to consider whether the agreement adequately protected the rights of employees and whether it was in the best interest of the employees involved.

The Fair Work Commission determined that the agreement did indeed meet the legislative requirements. The Commission found that the agreement was fair and reasonable, providing appropriate protections for employees and ensuring that it was negotiated in good faith. The Commission further concluded that the agreement was in the best interest of the employees and approved the enterprise agreement. The Commission's decision was based on a comprehensive analysis of the agreement's provisions and the evidence presented during the hearing.

The Fair Work Commission approved the Incitec Pivot Limited PDC Pinkenba Enterprise Agreement 2015, finding it to be fair, reasonable, and in the best interest of the employees. The Commission's decision was grounded in a detailed examination of the agreement's provisions and the evidence provided. The approval of the enterprise agreement signifies the Commission's endorsement of the terms and conditions outlined therein.

Incitec Pivot Limited T/A Incitec Pivot

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established