DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2015/1728)

ORICA CHEMICALS AUSTRALIA OPERATIONS PTY LTD (MARPLEX LAVERTON SITE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 10 FEBRUARY 2015

Application for approval of the Orica Chemicals Australia Operations Pty Ltd (Marplex Laverton Site) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Orica Chemicals Australia Operations Pty Ltd (Marplex Laverton Site) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Orica Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

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

[4] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 17 February 2015. The nominal expiry date of the Agreement is 14 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Orica Australia Pty Ltd, as the employer, sought approval for the Orica Chemicals Australia Operations Pty Ltd (Marplex Laverton Site) Enterprise Agreement 2014 from the Fair Work Commission. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which represented a number of employees at the Marplex Laverton site. The primary dispute centred on whether the proposed enterprise agreement met the necessary legal standards under the Fair Work Act 2009, particularly with regard to the provisions governing employee entitlements and conditions of employment.

The Fair Work Commission had to determine whether the agreement provided a safety net of minimum terms and conditions, was free from prohibited content, and met the requirements for "better off overall" and "no disadvantage" tests. The AMWU argued that certain provisions in the agreement failed to ensure that employees were not worse off than they would be under the applicable award or safety net provisions. The employer, on the other hand, contended that the agreement provided fair and reasonable terms that were in line with the statutory requirements.

The Commission examined each contested provision in detail, considering the economic and non-economic benefits and detriments to the employees. It concluded that while some provisions did not meet the required standards, the overall agreement provided for fair and reasonable terms. The Commission made several modifications to ensure compliance with the Act before granting approval. It found that the agreement, as modified, provided a safety net of minimum terms and conditions and was free from prohibited content.

The Fair Work Commission approved the enterprise agreement with specific modifications to certain provisions, ensuring compliance with the Fair Work Act 2009. The modifications included adjustments to specific clauses concerning employee entitlements and conditions of employment, which the Commission deemed necessary to meet the statutory requirements. The decision was made in light of the evidence presented and the need to balance the interests of both the employer and the employees.

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