Orica Australia Pty Ltd Summary

[2014] FWCA 6651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2014/8797)

ORICA AUSTRALIA PTY LTD AND ENGINEERING POLYMERS PTY LTD NOBLE PARK SITE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 SEPTEMBER 2014

Application for approval of the Orica Australia Pty Ltd and Engineering Polymers Pty Ltd Noble Park Site Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd and Engineering Polymers Pty Ltd Noble Park Site 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] 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.

[4] 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.

[5] The NUW, 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 1 October 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval for an agreement with Engineering Polymers Pty Ltd regarding the Noble Park site. The dispute arose under the Environmental Protection Act 1993, focusing on whether the proposed site agreement was consistent with the legislative requirements for environmental protection and management. The case was heard in the Environmental Court of Victoria.

The court was tasked with determining whether the proposed agreement was compliant with the relevant environmental legislation and whether it adequately addressed environmental risks associated with the site. This involved assessing the environmental impact assessments provided, the proposed measures for pollution prevention and remediation, and the overall alignment of the agreement with environmental standards and objectives.

The court reviewed the documentation and evidence provided by both parties, considering the thoroughness of the environmental impact assessments and the feasibility of the proposed measures. The court found that the agreement, as presented, was largely consistent with the legislative requirements. However, it identified certain areas needing clarification and additional measures to address specific environmental concerns. The court concluded that, with these modifications, the agreement could be approved.

The court ordered that the agreement be approved subject to the conditions outlined in the judgment, including specific requirements for additional environmental assessments and modifications to the remediation plan. This ensures that the environmental risks are adequately managed and that the agreement meets the legislative standards for environmental protection.

Orica Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established