Orica Australia Pty Ltd T/A Orica Australia Pty Ltd

[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

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Australia Pty Ltd sought approval of the Orica Australia Pty Ltd Botany Groundwater Treatment Plant Enterprise Agreement 2023, which was to replace the existing agreement that had expired. The dispute centred on the procedural validity of the enterprise agreement and the extent to which it complied with the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues the court was required to decide were whether the enterprise agreement was genuinely bargained for, whether it was certified as a single interest enterprise agreement, and whether it complied with the statutory requirements set out in the Fair Work Act. Additionally, the court needed to determine if the agreement was procedurally valid, given the process through which it was negotiated and agreed upon.

The Fair Work Commission found that the enterprise agreement was genuinely bargained for and that it was certified as a single interest enterprise agreement. The court noted that the agreement was negotiated in good faith and that the parties had conducted themselves appropriately throughout the bargaining process. The commission held that the agreement complied with the statutory requirements and that there were no procedural irregularities that would invalidate the agreement. As a result, the commission approved the enterprise agreement.

The Fair Work Commission granted approval of the Orica Australia Pty Ltd Botany Groundwater Treatment Plant Enterprise Agreement 2023, effective from the date of the decision. The court's decision confirmed that the agreement was valid and would serve as the basis for the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established