Orica Australia Pty Ltd

[2013] FWCA 4102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2013/7037)

ORICA QUARRY AND CONSTRUCTION SERVICES (PERTH) ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JUNE 2013

Application for approval of the ORICA QUARRY AND CONSTRUCTION SERVICES (PERTH) ENTERPRISE AGREEMENT 2013.

[1] An application has been made for approval of an enterprise agreement known as the ORICA QUARRY AND CONSTRUCTION SERVICES (PERTH) ENTERPRISE AGREEMENT 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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, have given notice under s.183 of the Act that they want 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 will operate from 4 July 2013. The nominal expiry date of the Agreement is 1 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd applied for the court to approve an enterprise agreement. The agreement, titled the Orica Quarry and Construction Services (Perth) Enterprise Agreement 2013, was entered into between Orica Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union. The union represents the employees of Orica Australia Pty Ltd. The court was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to examine whether the agreement was "registered" within the meaning of the Act.

The court found that the agreement complied with the statutory requirements. It satisfied the criteria for being a "good faith" agreement, as it was negotiated in good faith and had been made in accordance with the processes set out in the Act. The agreement also met the criteria for being a "modern award." The court also considered the "better off overall test" and found that the agreement was in the interests of the employees, as it provided them with benefits that were at least as good as those provided by the relevant modern award. The court approved the agreement and directed that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established