DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2015/5014)

ORICA AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 22 SEPTEMBER 2015

Application for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Orica Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date is 22 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Orica Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for the approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2015, which was lodged with the Fair Work Commission. The legal issues before the court were whether the agreement met the statutory requirements for an enterprise agreement, including compliance with the relevant provisions of the Fair Work Act 2009, and if it could be considered a genuine enterprise agreement.

The court examined the application under section 231 of the Fair Work Act 2009. It assessed whether the agreement had been made in good faith and covered the appropriate bargaining unit, amongst other requirements. The court found that the application was compliant with the legislative framework and was a genuine enterprise agreement. It determined that the agreement was made in good faith and was appropriate for the bargaining unit, as it addressed the terms and conditions of employment for the employees covered by the agreement.

As a result of the court's determination, the Fair Work Commission approved the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2015. The agreement was registered, and it became legally binding on the parties involved. The court's decision ensured that the agreement met all statutory requirements and was a genuine enterprise agreement, providing a framework for the terms and conditions of employment for the relevant bargaining unit.

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