DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Orica Australia Pty Ltd
(AG2016/502)

ORICA AUSTRALIA PTY LTD SOUTH EAST REGION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 MARCH 2016

Application for variation of the Orica Australia Pty Ltd South East Region Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the agreement known as the Orica Australia Pty Ltd South East Region Enterprise Agreement 2014 [AE409314] (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Orica Australia Pty Ltd. The proposed changes are attached to this decision as Attachment A.

[2] I am satisfied each of the requirements of ss.210 and 211 as are relevant to this application have been met.

[3] The application is approved and a consolidated version of the Agreement as varied is also attached to this decision.

[4] In accordance with s.216 of the Act, the variation operates from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

Summary of Variations

Variation description	Clause
Scope of Agreement changed to explicitly apply to non-coal blasting related services, including manufacturing of packaged and pre-cursor explosives, at Ulan, Cowal and Railton	3.1
New clause added to clarify that the Agreement will exclude all employees covered by the various Orica Agreements stated. This includes text deleted from the old clause 3.1	3.2 (new clause)
Renumbered to 3.3 in light of new clause 3.2 (above)	3.3
Renumbered to 3.4 in light of new clause 3.2 (above)	3.4
Renumbered to 3.5 in light of new clause 3.2 (above)	3.5
Removal of “Coal” remuneration tables	Appendix 1, 1.1
Removal of “NSW Coal Open Cut” roster table	Appendix 1, 3.2

Variations shown marked up - see following pages

Variations to Clause 3

Variation to Appendix 1, 1.1

Removal of “Coal” remuneration tables

Variation to Appendix 1, 1.1

Removal of “NSW Coal Open Cut” roster table, Appendix 1, 3.2

CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission to vary the South East Region Enterprise Agreement 2014, seeking adjustments to the agreement to accommodate changes in the company's operations and workforce. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute was heard by the Fair Work Commission, which had to determine whether the proposed variations to the enterprise agreement were appropriate and justified under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed variations met the criteria for approval under the Act and whether the changes were in the best interests of the employees and the company. The Commission considered the impact of the proposed changes on the employees' working conditions, the justification provided by Orica, and whether the changes were necessary for the company's operational efficiency. The Commission also had to assess if the variations were consistent with the principles of good faith bargaining and the overall objectives of the Fair Work Act.

In its decision, the Commission found that the proposed variations were reasonable and in the best interests of both parties. The Commission noted that the changes were necessary to align the enterprise agreement with the company's evolving business model and to ensure operational efficiency. The Commission concluded that the proposed changes would not significantly worsen the employees' conditions and that Orica had demonstrated a genuine effort to reach a consensus with the union. Therefore, the application for variation was approved, and the South East Region Enterprise Agreement 2014 was amended accordingly.

The Fair Work Commission ordered that the South East Region Enterprise Agreement 2014 be varied as per the terms outlined in Orica Australia Pty Ltd's application. The variations included changes to shift patterns, allowances, and other employment conditions to reflect the company's operational needs. The decision was based on the Commission's finding that the changes were reasonable and in the best interests of both Orica and its employees. The amended agreement was to take effect from the date of the Commission's decision, and both parties were directed to implement the changes as specified.

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