Orica Australia Pty Ltd

[2023] FWCA 48

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orica Australia Pty Ltd

(AG2022/5328)

ORICA AUSTRALIA PTY LTD NSW QUARRY SERVICES ENTERPRISE AGREEMENT 2022

Mining industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 JANUARY 2023

Application for approval of the Orica Australia Pty Ltd NSW Quarry Services Enterprise Agreement 2022.

Orica Australia Pty Ltd (the Employer) has made an application for the approval of the Orica Australia Pty Ltd NSW Quarry Services Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Australian Workers’ Union (AWU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2023. The nominal expiry date of the Agreement is 6 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, Orica Australia Pty Ltd sought approval for the Orica Australia Pty Ltd NSW Quarry Services Enterprise Agreement 2022. This agreement is proposed to govern the terms and conditions of employment for workers employed in the quarry services sector within New South Wales. The application was heard by the Fair Work Commission, which is tasked with the responsibility of ensuring the fairness and effectiveness of enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including the provisions related to minimum entitlements, flexibility, and procedural fairness. The Commission had to determine if the agreement was in line with the protections enshrined in the Fair Work Act, and whether it provided fair and reasonable terms for both the employer and the employees. Additionally, the Commission had to consider if the agreement was negotiated in good faith and whether it complied with the procedural requirements set out in the Act.

After a comprehensive review of the proposed agreement, the Commission found that the Orica Australia Pty Ltd NSW Quarry Services Enterprise Agreement 2022 was compliant with the Fair Work Act. The Commission concluded that the agreement provided fair and reasonable terms for the employees, was negotiated in good faith, and met all procedural requirements. The Commission approved the agreement, recognising the balance it struck between the interests of the employer and the employees. The decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and negotiated transparently to foster harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established