DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Limited T/A Incitec Pivot Limited
(AG2019/1025)

INCITEC PIVOT PORTLAND ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 MAY 2019

Application for approval of the Incitec Pivot Portland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Portland Enterprise Agreement 2019 (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 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] The The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Incitec Pivot Limited, trading as Incitec Pivot Limited, recently appeared before the Fair Work Commission in an application seeking approval of the Incitec Pivot Portland Enterprise Agreement 2019. The matter involved a dispute over the terms of the enterprise agreement and the application for its approval. The parties involved were Incitec Pivot Limited, the employer, and various employee representatives. The primary focus of the case was on whether the enterprise agreement met the statutory requirements for approval and if it provided for fair and reasonable terms of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement contained all the necessary terms as required by the Fair Work Act 2009, whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009, and whether the agreement was made in good faith and on a basis that was fair and reasonable. Additionally, the Commission needed to consider whether the agreement had been negotiated in good faith and if the employees had been adequately informed and consulted about the terms of the agreement.

The Fair Work Commission found that the enterprise agreement contained all the necessary terms and complied with the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that the employees had been adequately informed and consulted about the terms. The Commission was satisfied that the agreement provided for fair and reasonable terms of employment for the employees covered by the agreement. Therefore, the application for approval of the Incitec Pivot Portland Enterprise Agreement 2019 was successful.

The Fair Work Commission approved the Incitec Pivot Portland Enterprise Agreement 2019, setting out the terms and conditions of employment for the employees covered by the agreement. The Commission's decision recognised the agreement as meeting the statutory requirements for approval and providing fair and reasonable terms of employment. The decision provided certainty and clarity for both the employer and employees regarding the terms of their employment under the approved enterprise agreement.

Incitec Pivot Limited T/A 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