DECISION

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

Incitec Pivot Limited T/A Incitec Pivot
(AG2016/78)

INCITEC PIVOT LIMITED GIBSON ISLAND MANUFACTURING COLLECTIVE WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2016

Application for approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace 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] 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417554 PR576384

CaseChat Overview and Summary

Incitec Pivot Limited, trading as Incitec Pivot, applied to the Fair Work Commission for approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2015. The agreement was to cover employees of Incitec Pivot at their Gibson Island manufacturing site, including production, maintenance, and engineering workers. The application arose under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered instrument. The legal issues the Commission had to address included whether the agreement met the criteria for registration, particularly in terms of its coverage of employees, its fairness, and whether it had been genuinely agreed upon by the parties involved.

The Commission examined the evidence and submissions presented, focusing on the process through which the agreement was developed and the extent of employee involvement. It assessed whether the agreement contained all the required terms and conditions of employment and whether it was fair and reasonable in all its aspects. The Commission also considered whether the agreement was necessary to prevent or address an industrial dispute. After reviewing the submissions and the content of the agreement, the Commission found that it met the statutory requirements for registration.

Consequently, the Commission approved the agreement, finding that it was a simple, direct, and accessible workplace agreement that provided for all the necessary terms and conditions of employment. The agreement was deemed to be fair and reasonable and necessary to prevent an industrial dispute. The Commission made an order approving the agreement, which would now be registered under the Fair Work Act. This decision ensured that the terms of the agreement would be legally binding on both Incitec Pivot and the employees covered by it, providing a clear framework for their employment relationship.

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