DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incitec Pivot Ltd
(AG2015/4349)

INCITEC PIVOT NEWCASTLE PDC ENTERPRISE AGREEMENT 2015-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Incitec Pivot Newcastle PDC Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Incitec Pivot Newcastle PDC Enterprise Agreement 2015-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Incitec Pivot Ltd sought approval for the Incitec Pivot Newcastle PDC Enterprise Agreement 2015-2018, which was intended to govern the employment conditions of its employees within the Newcastle PDC Enterprise. The application was lodged before the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was to ascertain whether the agreement was a "single interest" enterprise agreement, as required by section 231 of the Act. A single interest agreement must cover all employees who are part of a single employer’s enterprise and must not unfairly discriminate against any group of employees. The Commission also needed to ensure that the agreement had been made in good faith and that it complied with the good faith bargaining obligations stipulated in section 228 of the Act.

The Fair Work Commission found that the agreement was indeed a single interest enterprise agreement, as it covered all employees of Incitec Pivot Ltd within the specified enterprise. The Commission determined that the agreement did not unfairly discriminate against any group of employees and had been made in good faith. It was also satisfied that the agreement met all other legislative requirements for approval. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Incitec Pivot Newcastle PDC Enterprise Agreement 2015-2018, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the employees within the Newcastle PDC Enterprise, subject to the terms and conditions outlined in the agreement.

Incitec Pivot Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established