Incitec Pivot Limited T/A Incitec Pivot Limited

[2022] FWCA 1230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Incitec Pivot Limited T/A Incitec Pivot Limited

(AG2022/964)

Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MOLTONI	BRISBANE, 7 APRIL 2022

Application for the approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022

An application has been made for approval of an enterprise agreement known as the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022 (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 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.

Noting clause 4.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration 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 the Agreement covers the AWU.

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

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022. The applicant, Incitec Pivot Limited, sought the court's endorsement of the agreement, which was negotiated between the company and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement, and whether they met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement satisfied the provisions of the Fair Work Act, particularly concerning the procedural fairness in its negotiation and the substantive fairness of its terms. The court had to determine if the agreement was genuinely negotiated, if it provided for the protection of employees' rights, and if it met the criteria for being a genuine workplace agreement. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022 was indeed genuinely negotiated and met the necessary criteria for approval. The court considered the evidence presented by both parties and concluded that the agreement was fair and balanced, providing adequate protections for employees while also considering the operational needs of the employer. The agreement was deemed to comply with the statutory requirements under the Fair Work Act, and therefore, the application for approval was successful.

The court ordered that the Incitec Pivot Limited Gibson Island Manufacturing Collective Workplace Agreement 2022 be approved and registered, effective from the date of the decision. This approval allows the agreement to operate as a binding instrument governing the employment relationship between Incitec Pivot Limited and its employees for the specified period. The decision also mandated that both parties adhere to the terms and conditions set forth in the agreement, ensuring a regulated framework for their ongoing industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established