DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Limited
(AG2016/6794)

ORICA AUSTRALIA PTY LTD NSW QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER GREGORY	MELBOURNE, 25 NOVEMBER 2016

Application for approval of the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orica Australia Pty 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2016. The nominal expiry date of the Agreement is 25 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Limited sought approval of the NSW Quarry and Construction Services Enterprise Agreement 2016. The application was brought before the Fair Work Commission. The dispute centred around whether the agreement provided for fair and reasonable terms and conditions of employment for the workers covered by it. Specifically, the applicants contended that the agreement was necessary to facilitate the introduction of productivity improvements and to provide flexibility in the workforce. The respondents argued that the agreement did not adequately protect employees' rights and conditions.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement provided for adequate protections for employees, including provisions for redundancy and termination, and whether the changes proposed would result in a net benefit to the employees. The Commission also considered whether the agreement was necessary to facilitate productivity improvements and to provide flexibility in the workforce.

After considering the evidence and submissions from both parties, the Commission determined that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement provided for adequate protections for employees, including provisions for redundancy and termination, and that the changes proposed would result in a net benefit to the employees. The Commission also found that the agreement was necessary to facilitate productivity improvements and to provide flexibility in the workforce. Therefore, the application for approval was granted.

The Commission made an order approving the NSW Quarry and Construction Services Enterprise Agreement 2016 as a registered agreement. The agreement was to be registered on the date of the order and would be in effect from 1 July 2016. The order also provided for the agreement to be published on the Fair Work Commission's website.

Orica Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established