Orica Australia Pty Ltd

[2014] FWCA 5083

FAIR WORK COMMISSION

DECISION

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

Orica Australia Pty Ltd
(AG2014/1687)

ORICA AUSTRALIA PTY LTD - SOUTH EAST REGION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as Orica Australia Pty Ltd South East Region Enterprise Agreement 2014 (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] 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 August 2014. The nominal expiry date of the Agreement is 28 July 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval of the Orica Australia Pty Ltd South East Region Enterprise Agreement 2014 from the Fair Work Commission. The matter was heard in the Commission's Division of Full Bench. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically if it contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission examined whether the agreement provided for the correct minimum rates of pay, penalty rates, leave entitlements, and other standard terms as required by the Act. The Commission also considered if the agreement was free from prohibited content and if it was made in good faith and without coercion. In deliberating on these points, the Commission reviewed the specific clauses of the agreement and assessed them against the statutory minimum standards.

The Full Bench found that the agreement satisfied the statutory requirements, noting that it contained the appropriate minimum terms and conditions as mandated by the Act. The Commission approved the agreement, emphasising that it was made in good faith and without any coercion. The decision was based on the comprehensive compliance of the agreement with the Fair Work Act 2009.

The Fair Work Commission approved the Orica Australia Pty Ltd South East Region Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009. The agreement was recognised as meeting all necessary minimum terms and conditions, and was deemed to have been made in good faith without coercion.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established