Orica Australia Pty Ltd

[2013] FWCA 620

FAIR WORK COMMISSION

DECISION

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

Orica Australia Pty Ltd
(AG2013/31)

ORICA MINING SERVICES - QUEENSLAND METALLIFEROUS ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER ASBURY	BRISBANE, 25 JANUARY 2013

Application for approval of the Orica mining Services - Queensland Metalliferous Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Orica Mining Services - Queensland Metalliferous Enterprise Agreement 2012 (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 as are relevant to this application for approval have been met.

[3] On 23 January 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 February 2013. The nominal expiry date of the Agreement is 25 January 2016.

[5] The Agreement contains a typographical error. Pursuant to s.586 of the Act, the Agreement is corrected as follows:

● Delete the words “full-term” in clause 5.8 and insert the words “full-time”; and
● Delete clause 16.1 (replicates clause 14.1).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd applied to the Fair Work Commission (FWC) for the approval of the Orica Mining Services - Queensland Metalliferous Enterprise Agreement 2012. The application followed a vote by Orica employees, with a majority in favour of the agreement. The dispute centred on the terms and conditions of employment for the employees covered by the agreement and whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved.

The legal issues before the FWC were whether the agreement provided for a fair and reasonable method of determining employees' wages and other conditions of employment, and whether the agreement complied with the 'better off overall test'. This test required that the employees be no worse off overall under the agreement compared to their existing conditions of employment.

The FWC found that the agreement provided for a fair and reasonable method of determining wages and conditions, and that it complied with the better off overall test. The FWC considered the agreement to be in the interests of the employees and the employer, and it was therefore approved. The FWC took into account the views of both parties, the bargaining positions, and the broader economic context in reaching its decision.

The FWC approved the Orica Mining Services - Queensland Metalliferous Enterprise Agreement 2012, effective from the date of the application. The decision confirmed the agreement as a legally binding instrument between Orica and the employees, setting out their respective rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established