Incitec Pivot Limited T/A Incitec Pivot Fertilisers

[2023] FWCA 694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Incitec Pivot Limited T/A Incitec Pivot Fertilisers

(AG2023/407)

Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2023

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 3 MARCH 2023

Application for approval of the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2023 (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 Fertilisers (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Incitec Pivot Limited, trading as Incitec Pivot Fertilisers, for approval of the 2023 Gibson Island Enterprise Agreement. The dispute centred on the terms and conditions of employment for employees at the PDC Operations site on Gibson Island. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for an enterprise agreement under the Fair Work Act, and whether it provided for the fair and reasonable terms and conditions of employment. This involved an examination of the agreement's compliance with the "better off overall test" and the procedural fairness in its negotiation and approval. Additionally, the Commission considered whether the agreement contained terms that were contrary to public policy or were otherwise unenforceable.

The Commission found that the agreement satisfied the statutory requirements for an enterprise agreement and met the better off overall test. The agreement was negotiated in good faith and was considered fair and reasonable, taking into account the specific circumstances of the workforce and the operations of Incitec Pivot Limited. The Commission also noted that the agreement contained no terms that were contrary to public policy. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Incitec Pivot Limited PDC Operations Gibson Island Enterprise Agreement 2023, confirming its compliance with the Fair Work Act and its fairness and reasonableness for the employees concerned. The decision provides clarity for the parties regarding the terms and conditions of employment moving forward and sets a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established