DECISION

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

Orica Australia Pty Ltd
(AG2017/3827)

ORICA AUSTRALIA PTY LTD QUEENSLAND COAL ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER HUNT	BRISBANE, 7 FEBRUARY 2018

Application for approval of the Orica Australia Pty Ltd Queensland Coal Enterprise Agreement 2017.

[1] Orica Australia Pty Ltd (Orica) has applied for approval of an enterprise agreement known as the Orica Australia Pty Ltd Queensland Coal Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement had been voted upon by employees on 15 August 2017, with a majority of employees voting in favour of the Agreement.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU) being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the CFMEU.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 14 February 2018. The nominal expiry date of the Agreement is 14 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission for approval of the Queensland Coal Enterprise Agreement 2017. The applicant argued that the agreement provided for appropriate terms and conditions for its employees and met the statutory requirements for approval. The application was opposed by a number of unions who argued that the agreement did not provide for adequate pay and conditions for the employees.

The legal issues before the Commission were whether the agreement complied with the statutory requirements for approval and whether it provided for appropriate terms and conditions for the employees. The Commission considered the provisions of the Fair Work Act 2009 and the relevant regulations and guidelines in making its decision. The Commission also heard evidence from the parties and considered submissions made on behalf of the employees.

The Commission found that the agreement met the statutory requirements for approval and provided for appropriate terms and conditions for the employees. The Commission noted that the agreement provided for a range of protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement provided for appropriate flexibility for the employer to manage its business and meet its commercial objectives.

The Commission approved the Queensland Coal Enterprise Agreement 2017 and made an order to that effect. The order is effective from the date of the Commission's decision and replaces any previously approved enterprise agreement. The unions have the right to appeal the decision to the Federal Court of Australia.

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