Orica Australia Pty Ltd

[2024] FWCA 3631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orica Australia Pty Ltd

(AG2024/3650)

ORICA AUSTRALIA PTY LTD QLD METALLIFEROUS ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 18 OCTOBER 2024

Application for approval of the Orica Australia Pty Ltd QLD Metalliferous Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd QLD Metalliferous Enterprise Agreement 2024 (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 (Employer). The Agreement is a single enterprise agreement.

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

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2024. The nominal expiry date of the Agreement is 18 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission for approval of the Orica Australia Pty Ltd Queensland Metalliferous Enterprise Agreement 2024. The applicant sought to implement changes to employee entitlements and working conditions, including shifts, overtime, and allowances, within its Queensland operations. The dispute involved whether the proposed changes complied with relevant legislative provisions and the principles of good faith bargaining. The Fair Work Commission was tasked with determining if the agreement was fair and reasonable, taking into account the interests of both employees and the company.

The legal issues before the Fair Work Commission centred on whether the proposed changes in the agreement were fair and reasonable, and whether they were the product of genuine bargaining. Key considerations included whether the applicant had engaged in good faith bargaining, whether the changes were necessary for the economic sustainability of the business, and whether the agreement adequately protected the interests of the employees. The Commission also needed to assess if the proposed changes aligned with the principles of procedural fairness and whether they provided a fair and reasonable outcome for all parties involved.

The Fair Work Commission found that the proposed changes in the agreement were fair and reasonable, and that the applicant had engaged in genuine bargaining. The Commission noted that the changes were necessary for the economic sustainability of the business and were consistent with industry practices. The Commission also found that the agreement provided adequate protection for the interests of the employees, including provisions for dispute resolution and the preservation of certain entitlements. As such, the Commission approved the Orica Australia Pty Ltd Queensland Metalliferous Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established