Orica Australia Pty Ltd

[2013] FWCA 3652

FAIR WORK COMMISSION

DECISION

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

Orica Australia Pty Ltd
(AG2013/1366)

ORICA QUARRY SERVICES (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 JUNE 2013

Application for approval of the Orica Quarry Services (South Australia) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orica Quarry Services (South Australia) 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 Agreement is approved and will operate from 13 June 2013. The nominal expiry date of the Agreement is 1 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd applied for the approval of the Orica Quarry Services (South Australia) Enterprise Agreement 2013. The application was brought to the Fair Work Commission, which is the body responsible for approving enterprise agreements. The dispute involved the conditions of employment for employees working in the quarry services sector in South Australia. The company sought to have the agreement approved under the Fair Work Act 2009, which provides the legislative framework for enterprise agreements in Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically if it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was genuinely negotiated, whether it provided for the minimum entitlements set out in the Act, and whether it was free from any improper influence or coercion. Additionally, the Commission had to ensure that the agreement complied with any relevant industrial awards or other registered agreements.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment, and it did not contain any terms that were contrary to the public interest. The Commission also found that the agreement was free from any improper influence or coercion and that it complied with any relevant industrial awards or other registered agreements. The Commission approved the agreement, and it came into effect on 1 January 2014.

The Fair Work Commission approved the Orica Quarry Services (South Australia) Enterprise Agreement 2013, finding that it met the requirements of the Fair Work Act. The Commission determined that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions of employment, and did not contain any terms that were contrary to the public interest. The agreement came into effect on 1 January 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established