DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2017/1088)

ORICA AUSTRALIA PTY LTD WEST REGION ANE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2017

Application for approval of the Orica Australia Pty Ltd West Region ANE Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd West Region ANE 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Orica Limited, trading as Orica Australia Pty Ltd, applied for the approval of the Orica Australia Pty Ltd West Region ANE Enterprise Agreement 2017. The applicant sought the Fair Work Commission's approval of the enterprise agreement, which aimed to regulate the employment conditions of Orica's workers within the West Region of Australia. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Court was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Court needed to assess if the agreement had been made genuinely and fairly, if it contained the necessary terms, and if it adhered to the procedural mandates of the Act. This involved verifying that the agreement was negotiated in good faith, that it was free from any coercive practices, and that it was appropriately certified by an accredited independent bargainer.

The Fair Work Commission found that the enterprise agreement was made in good faith, free from any coercive practices, and was appropriately certified. The agreement included all the required terms and was negotiated through a process that adhered to the statutory requirements. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the provisions of the Fair Work Act. The Court determined that the applicant had satisfied all necessary criteria and granted the approval sought.

The Fair Work Commission's final order was the approval of the Orica Australia Pty Ltd West Region ANE Enterprise Agreement 2017. The agreement was to be registered with the Fair Work Commission and would regulate the employment conditions of the workers covered by the agreement, subject to its terms and the continued compliance with the Fair Work Act.

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