Orica Australia Pty Ltd

[2022] FWCA 3574

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Orica Australia Pty Ltd

(AG2022/3886)

Orica West Region Metals Enterprise Agreement 2022

Mining industry
COMMISSIONER SPENCER	BRISBANE, 13 OCTOBER 2022

Application for approval of the Orica West Region Metals Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Orica West Region Metals Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU), 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) I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 13 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval of the Orica West Region Metals Enterprise Agreement 2022 under section 176 of the Fair Work Act 2009. The Fair Work Commission was the forum for the application. The agreement aimed to regulate employment conditions for Orica's employees in the West Region Metals division. The union, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the approval of the agreement, citing concerns about the fairness and adequacy of the proposed terms.

The central legal issue before the Commission was whether the agreement met the criteria for approval as set out in section 177 of the Act. Specifically, the Commission had to determine whether the agreement was in the public interest, fair, and provided for a fair and efficient system of industrial relations. The union argued that the agreement did not adequately address certain employee entitlements and that it was not in the public interest to approve it without further negotiation.

The Commission examined the agreement's provisions against the legislative criteria. It found that the agreement provided for a reasonable balance of rights and obligations between employers and employees, and that it was fair and efficient in terms of the system of industrial relations. The Commission also concluded that the agreement was in the public interest as it provided a stable and predictable framework for employment conditions. Consequently, the Commission approved the agreement, finding it met all the statutory criteria for approval.

The Commission issued its decision approving the Orica West Region Metals Enterprise Agreement 2022. The agreement was deemed to be in the public interest, fair, and provided for a fair and efficient system of industrial relations. The approval was effective from the date of the decision, and the agreement was registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established