DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2017/3790)

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

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Orica Australia Pty Ltd Victoria 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 Victoria 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 Limited T/A Orica Australia Pty Ltd. 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, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 3 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Orica Limited, trading as Orica Australia Pty Ltd, sought approval of the Orica Australia Pty Ltd Victoria Quarry and Construction Services Enterprise Agreement 2017. The application was made before the Fair Work Commission, which was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues that the Commission needed to resolve were whether the agreement provided for the proper and efficient conduct of the enterprise, whether it promoted high levels of employment and job security, and whether it contained appropriate mechanisms for the resolution of workplace disputes. The Commission determined that the agreement met all the criteria set out in the Act. The Commission found that the agreement provided for the efficient conduct of the enterprise and promoted high levels of employment and job security. The Commission also found that the agreement contained appropriate mechanisms for the resolution of workplace disputes. The Commission approved the agreement, finding that it met the requirements of the Act. The Commission made an order approving the Orica Australia Pty Ltd Victoria Quarry and Construction Services Enterprise Agreement 2017.

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