DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd T/A Orica Australia
(AG2018/386)

ORICA AUSTRALIA PTY LTD QLD QUARRY AND CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2018

Application for approval of the Orica Australia Pty Ltd QLD Quarry and Construction Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd QLD Quarry and Construction Services Enterprise Agreement 2017 (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 T/A Orica Australia. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Construction, Forestry, Maritime, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 June 2018 and, in accordance with s.54, will operate from 12 June 2018. The nominal expiry date of the Agreement is 5 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 QLD Quarry and Construction Services Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which claimed that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the public interest and met the relevant criteria under the Act. The CFMEU argued that the agreement failed to provide adequate protections for employees in terms of pay rates, conditions, and dispute resolution mechanisms.

The Commission examined the provisions of the proposed agreement in detail, considering the balance of rights and obligations between the parties, the impact on employees, and the overall public interest. The Commission found that the agreement provided for reasonable terms and conditions, including provisions for minimum wage rates, allowances, and overtime. It also considered the dispute resolution mechanisms, which included a multi-step process involving conciliation, mediation, and potential arbitration. The Commission concluded that the agreement met the statutory requirements and would not have an adverse effect on the broader industrial relations system.

Accordingly, the Fair Work Commission approved the Orica Australia Pty Ltd QLD Quarry and Construction Services Enterprise Agreement 2017. The Commission noted that while there were some concerns raised by the CFMEU, the overall balance of the agreement was fair and reasonable. The decision was made in the interest of maintaining a stable and productive industrial relations environment in the quarry and construction services industry.

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