DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2020/1371)

ORICA AUSTRALIA PTY LTD VICTORIA QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2020

Quarrying industry
COMMISSIONER YILMAZ	MELBOURNE, 10 JUNE 2020

Application for approval of the Orica Australia Pty Ltd Victoria Quarry and Construction Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Victoria Quarry and Construction Services 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[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, will operate from 17 June 2020. The nominal expiry date of the Agreement is 8 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval of the Orica Australia Pty Ltd Victoria Quarry and Construction Services Enterprise Agreement 2020. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including that it was a simple, direct, and easy to understand document that was fair and reasonable in all its terms. The application was made to the Fair Work Commission, which had jurisdiction under section 237 of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a simple, direct, and easy to understand document, and whether it was fair and reasonable in all its terms. The Commission also had to consider whether the agreement provided for the payment of wages and conditions of employment that were no less favourable than the applicable award or registered agreement.

The Commission found that the agreement met the criteria for approval. It was a simple, direct, and easy to understand document, and it was fair and reasonable in all its terms. The agreement provided for the payment of wages and conditions of employment that were no less favourable than the applicable award or registered agreement. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for the proper regulation of workplace relations. The Commission approved the agreement, and it came into effect on 1 July 2020.

No further orders were made by the Commission.

Orica Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established