DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2021/4225)

ORICA AUSTRALIA PTY LTD NSW CHEMICALS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2021

Application for approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orica Limited T/A Orica Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 26 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Limited, trading as Orica Australia Pty Ltd, applied to the Fair Work Commission for approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2021. The application came before the Commission seeking a determination on the agreement's compliance with relevant legislative requirements. The legal issues the court had to address included whether the agreement met the statutory criteria for enterprise agreements, such as whether it was fairly negotiated and whether it complied with the Fair Work Act 2009. Specifically, the court examined whether the agreement contained all the prescribed terms, whether it was made in good faith, and whether it was free from prohibited content.

The Commission examined the process through which the agreement was negotiated, the content of the agreement itself, and the compliance with the statutory requirements. It considered whether the agreement was genuinely negotiated between the employer and the employees' representative and whether it contained all the prescribed minimum terms. Additionally, the Commission assessed whether the agreement was free from prohibited content, such as terms that discriminated against particular groups of employees or terms that were otherwise unlawful. The Commission found that the agreement was fairly negotiated, contained all the required terms, and was free from prohibited content. Therefore, the Commission approved the agreement.

In its decision, the Commission held that the agreement met all the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The Commission found that the agreement was genuinely negotiated between the parties and contained all the prescribed minimum terms. The court concluded that the agreement was free from prohibited content and did not discriminate against any group of employees. Consequently, the Fair Work Commission approved the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2021. The approval is effective from the date of the decision, and the agreement is now binding on the parties.

Orica Limited T/A Orica Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established