DECISION

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

Orica Australia Pty Ltd T/A Orica Australia
(AG2019/2169)

ORICA AUSTRALIA PTY LTD HUNTER VALLEY ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER SIMPSON	BRISBANE, 8 AUGUST 2019

Application for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Michael Forbes, Newcastle Sub-Branch Secretary of the Transport Workers’ Union of Australia (TWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the TWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[4] 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.

[5] In accordance with s.201(2) of the Act, I note that the Agreement covers the TWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 8 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd, trading as Orica Australia, applied to the Fair Work Commission for approval of the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2019. The application involved a proposed enterprise agreement between Orica and certain employees covered by the agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not meet the statutory requirements for approval. The Fair Work Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and, if so, to approve it.

The legal issues before the Fair Work Commission centred on the procedural and substantive validity of the proposed enterprise agreement. The Commission had to consider whether the agreement was genuinely negotiated, free from coercion or undue influence, and whether it provided for proper dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement met the requirements for approval, including provisions for minimum wages and conditions, and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that the proposed agreement was genuinely negotiated and free from coercion or undue influence. The Commission also determined that the agreement provided for proper dispute resolution mechanisms and met the statutory requirements for approval. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions.

In its decision, the Fair Work Commission approved the Orica Australia Pty Ltd Hunter Valley Enterprise Agreement 2019, subject to certain conditions. The Commission directed that the agreement would take effect from the date of the decision and would be binding on the parties covered by the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies be provided to the parties and any other relevant persons.

Orica Australia Pty Ltd T/A Orica Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established