Orica Australia Pty Ltd

[2020] FWCA 1227

[2020] FWCA 1227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2020/374)

ORICA AUSTRALIA PTY LTD SPECIALTY EMULSIFIERS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 5 MARCH 2020

Application for approval of the Orica Australia Pty Ltd Specialty Emulsifiers Enterprise Agreement 2019.

[1] Orica Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Orica Australia Pty Ltd Specialty Emulsifiers Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Notice of Employee Representational Rights (Notice) was in the prescribed form and compliant with the requirements of s.174 as the notification time on 6 March 2017 and the time when it was required to be given to the relevant employees under s.173. Accordingly, I am satisfied that the Notice was valid at the relevant time.

[4] Noting clause 8 of the Agreement, I am also satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 5 March 2020 and, in accordance with s.54, will operate from 12 March 2020. The nominal expiry date of the Agreement is 5 March 2023.

DEPUTY PRESIDENT

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