Orica Australia Pty Ltd Summary

[2013] FWCA 9278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2013/10054)

ORICA (WEST AUSTRALIA REGION) MINING SERVICES ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 5 DECEMBER 2013

Application for approval of the Orica (West Australia Region) Mining Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orica (West Australia Region) Mining Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orica Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 5 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd was the applicant seeking approval of the Orica (Western Australia Region) Mining Services Enterprise Agreement 2013, which was to be registered under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, specifically the Deputy President, who was required to determine if the agreement met the necessary criteria for approval.

The key legal issues before the Deputy President were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the procedural fairness and if it contained all the required terms and conditions as stipulated by the Act. The Deputy President had to assess if the agreement was made in good faith and if it was fair and reasonable.

After careful consideration of the arguments and evidence presented, the Deputy President found that the agreement was indeed compliant with the Fair Work Act. The Deputy President was satisfied that the agreement was made in good faith and contained all the necessary terms and conditions. The Deputy President concluded that the agreement was fair and reasonable, taking into account the circumstances and the bargaining positions of the parties involved.

The Fair Work Commission approved the Orica (Western Australia Region) Mining Services Enterprise Agreement 2013, registering it under the Fair Work Act 2009. The Deputy President's decision was based on the evidence and arguments presented, which demonstrated that the agreement met the necessary criteria for approval.

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