DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd T/A Orica Australia
(AG2018/5109)

ORICA WEST REGION METALS ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2019

Application for approval of the Orica West Region Metals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Orica West Region Metals Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 9 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Orica Australia Pty Ltd trading as Orica Australia, an application was brought before the Fair Work Commission concerning the approval of the Orica West Region Metals Enterprise Agreement 2018. The application involved a dispute between the employer, Orica Australia, and the Australian Manufacturing Workers’ Union, which represented the employees. The crux of the matter was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues at the heart of this case revolved around the fairness and compliance of the enterprise agreement with the statutory provisions of the Fair Work Act. Key questions included whether the agreement provided for a fair and efficient workplace, adequately protected the rights and interests of employees, and whether it was made without undue influence or coercion. The Commission had to consider submissions from both parties and assess the evidence provided regarding the negotiation process and the terms of the agreement.

The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement was not only fair and efficient but also in the best interests of the employees. The Commission noted that the agreement contained provisions that were favourable to employees, including provisions on pay rates, hours of work, and leave entitlements. The Commission also considered the process by which the agreement was negotiated and concluded that it was made without undue influence. Consequently, the application for approval was successful, and the Fair Work Commission approved the Orica West Region Metals Enterprise Agreement 2018.

The final orders of the Commission were that the Orica West Region Metals Enterprise Agreement 2018 be approved, and the agreement would come into effect from the date of the Commission's decision. This decision ensured that the terms of the agreement would apply to the employees within the specified region, providing them with the protections and benefits outlined in the approved agreement.

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