Orica Australia Pty Ltd T/A Orica Australia Pty Ltd

Case

[2025] FWCA 295

24 JANUARY 2025


[2025] FWCA 295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Orica Australia Pty Ltd T/A Orica Australia Pty Ltd

(AG2024/4569)

ORICA AUSTRALIA PTY LTD BOTANY GROUNDWATER TREATMENT PLANT ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries

DEPUTY PRESIDENT CROSS

SYDNEY, 24 JANUARY 2025

Application for approval of the Orica Australia Pty Ltd Botany Groundwater Treatment Plant Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd Botany Groundwater Treatment Plant Enterprise Agreement 2023 (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 Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that the Agreement contains an NES precedence clause at cl.7, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2025. The nominal expiry date of the Agreement is 6 April 2026.

DEPUTY PRESIDENT

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