DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2019/886)

ORICA AUSTRALIA PTY LTD NSW QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2018 (AGREEMENT)

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JUNE 2019

Application for approval of the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2018

[1] Orica Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Orica Australia Pty Ltd NSW Quarry and Construction Services Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 June 2019 and, in accordance with s 54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 7 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval for its New South Wales Quarry and Construction Services Enterprise Agreement 2018 from the Fair Work Commission. The dispute involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the objectors contended that it did not adequately address certain issues such as employee entitlements and the process for resolving disputes.

The court was tasked with determining whether the agreement complied with the fairness and reasonableness test, as stipulated in the Fair Work Act. This required an examination of the agreement's provisions in light of the broader principles of industrial fairness and the rights of employees as set out in the Act. The court needed to assess if the agreement provided for minimum wages and conditions, allowed for fair and reasonable terms and conditions, and was consistent with the overarching objectives of the Act.

The Fair Work Commission found that the agreement did not adequately address several issues raised by the objectors, particularly concerning the process for resolving disputes and certain employee entitlements. The Commission concluded that the agreement failed to meet the fairness and reasonableness test, as it did not provide for minimum wages and conditions in a manner consistent with the principles of the Act. As a result, the application for approval was dismissed. The Commission also ordered that the agreement be returned to the parties for further negotiation and amendment in line with the Commission's guidelines.

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