Orica Australia Pty Ltd

[2020] FWCA 6209

[2020] FWCA 6209

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2020/3218)

ORICA AUSTRALIA PTY LTD QUEENSLAND COAL ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER YILMAZ	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Orica Australia Pty Ltd Queensland Coal Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Queensland Coal Enterprise Agreement 2020 (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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained an error at page 51. On 13 November 2020, the Applicant filed an amended page to the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, Maritime, Mining and Energy 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 26 November 2020. The nominal expiry date of the Agreement is 26 November 2023.

COMMISSIONER

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<AE509569  PR724696>

Annexure A