DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2019/1684)

ORICA WEST AND CENTRAL QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Orica West and Central Quarry and Construction Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Orica West and Central Quarry and Construction Services Enterprise Agreement 2018 (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] 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Orica Australia Pty Ltd applied for approval of the Orica West and Central Quarry and Construction Services Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised objections on behalf of certain of its members.

The central legal issue before the Commission was whether the agreement was in the public interest and met the criteria for approval under section 233 of the Fair Work Act. The Commission considered whether the agreement appropriately balanced the interests of the parties, provided for minimum terms and conditions, and met the standards set out in the Act. The Commission also had to determine if the agreement included provisions that were contrary to the public interest or otherwise invalid.

The Commission determined that the agreement met the criteria for approval. It found that the agreement provided for minimum terms and conditions that were no less favourable than those provided by relevant awards and contained appropriate mechanisms for resolving disputes. The Commission also concluded that the agreement did not include any provisions that were contrary to the public interest or otherwise invalid. Therefore, the Commission approved the agreement, finding that it was in the public interest and met the requirements of the Fair Work Act.

The Commission made an order approving the Orica West and Central Quarry and Construction Services Enterprise Agreement 2018 as a registered agreement under section 171 of the Fair Work Act. The agreement was registered on 10 April 2018 and will apply to eligible employees of Orica Australia Pty Ltd. The Commission's decision is final and binding on the parties.

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