DECISION

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

Orica Australia Pty Ltd
(AG2016/1369)

ORICA AUSTRALIA PTY LTD GROUND SUPPORT QUEENSLAND ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 27 JUNE 2016

Application for approval of the Orica Australia Pty Ltd Ground Support Queensland Enterprise Agreement 2016.

[1] Orica Australia Pty Ltd applies for approval of an enterprise agreement known as the Orica Australia Pty Ltd Ground Support Queensland Enterprise Agreement 2016 (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] On 23 June 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 4 July 2016. The nominal expiry date of the Agreement is 27 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission for approval of the Orica Australia Pty Ltd Ground Support Queensland Enterprise Agreement 2016. The application was opposed by the United Workers Union, who argued the agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory criteria for approval, including whether it was fairly negotiated and met the procedural requirements.

The legal issues before the Commission were whether the agreement was genuinely negotiated and if the necessary procedural steps were followed in its creation. The Commission examined the evidence provided by both parties, including the negotiation process and the compliance with the relevant sections of the Fair Work Act. The Commission considered the arguments from the United Workers Union that the agreement was not fairly negotiated and that there were procedural deficiencies. Orica Australia Pty Ltd defended the negotiation process and argued that all necessary steps were taken.

The Fair Work Commission found that the agreement was genuinely negotiated and that all procedural requirements were met. The Commission was satisfied with the evidence of the negotiation process and the steps taken to ensure the agreement met the statutory criteria. The Commission concluded that the agreement complied with the Fair Work Act and approved the application for the agreement's registration.

The Fair Work Commission approved the Orica Australia Pty Ltd Ground Support Queensland Enterprise Agreement 2016, rejecting the objections raised by the United Workers Union. The Commission found that the agreement was fairly negotiated and met all procedural requirements for approval under the Fair Work Act.

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