DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Orica Australia Pty Ltd
(AG2020/130)

ORICA AUSTRALIA PTY LTD QLD METALLIFEROUS ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Orica Australia Pty Ltd QLD Metalliferous Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd QLD Metalliferous 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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A.

CaseChat Overview and Summary

Orica Australia Pty Ltd recently sought approval for the Queensland Metalliferous Enterprise Agreement 2020. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The dispute centred on several aspects of the proposed agreement, including its coverage, the manner in which it was negotiated, and whether it provided adequate protections for employees.

The FWC was required to consider whether the proposed agreement was genuinely negotiated between Orica Australia and its employees, and whether it contained the necessary protections and provisions to be deemed a valid enterprise agreement. Key issues included whether the agreement had been negotiated in good faith, whether it provided for the proper balance of rights and obligations, and whether it complied with the minimum terms and conditions set out in the Fair Work Act. The FWC also needed to assess whether the agreement was fair and reasonable, and whether it met the criteria for being registered by the Commission.

In its decision, the FWC examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement had been genuinely negotiated in good faith and that it contained adequate provisions for employee protections and workplace conditions. The FWC determined that the agreement balanced the rights and obligations of both parties fairly and complied with the statutory requirements of the Fair Work Act. Consequently, the Commission approved the proposed agreement and ordered that it be registered.

Orica Australia Pty Ltd

DECISION

ANNEXURE A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established