Orica Limited T/A Orica Australia Pty Ltd

[2018] FWCA 4771

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd

(AG2018/2435)

Orica Australia Pty Ltd NSW Steel Products Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 14 AUGUST 2018

Application for approval of the Orica Australia Pty Ltd NSW Steel Products Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd NSW Steel Products 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 Limited T/A Orica Australia Pty Ltd. The agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval have been met.
The Agreement was approved on 14 August 2018 and, in accordance with s.54, will operate from 21 August 2018. The nominal expiry date of the Agreement is 14 August 2021.

DEPUTY PRESIDENT

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 Steel Products Enterprise Agreement 2018. The application was opposed by the Transport Workers Union, the Australian Manufacturing Workers Union, and the Electrical Trades Union. The applicants argued that the agreement provided fair and reasonable terms and conditions for employees, while the unions contended that the agreement did not provide adequate protections and benefits for the employees.

The primary legal issues before the Commission were whether the agreement contained terms and conditions that were fair and reasonable, and whether the agreement complied with relevant legislative provisions. The Commission considered the fairness and reasonableness of the terms and conditions in the context of the bargaining process, the interests of the employees, and the overall impact on the employees. The Commission also considered whether the agreement provided for a proper balance between the parties' interests and whether the agreement complied with relevant legislative requirements.

After considering the submissions and evidence from both parties, the Commission found that the agreement contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for a balanced distribution of benefits and burdens between the parties, and that it complied with relevant legislative provisions. The Commission also found that the agreement provided for adequate protections and benefits for the employees, including provisions for pay rates, leave entitlements, and other conditions of employment. The Commission approved the agreement, finding that it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission approved the Orica Australia Pty Ltd NSW Steel Products Enterprise Agreement 2018, finding that it provided for a fair and reasonable outcome for both parties. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with relevant legislative provisions. The Commission also found that the agreement provided for adequate protections and benefits for the employees, and that it provided for a balanced distribution of benefits and burdens between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established