DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2017/2230)

ORICA AUSTRALIA PTY LTD NSW CHEMICALS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 29 JUNE 2017

Application for approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2017.

[1] On 14 June 2017 Orica Limited T/A Orica Australia Pty Ltd (Applicant) made an application for approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 July 2017. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Orica Limited, trading as Orica Australia Pty Ltd, applied for the approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2017. The application involved a dispute over whether the agreement complied with the necessary legal requirements and provided for the fair treatment of employees. The Commission was tasked with examining the agreement to determine if it met the standards set out in the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement contained all the mandated minimum terms and conditions, if it allowed for genuine bargaining, and whether it ensured fair treatment for all employees covered by the agreement. The Commission also considered if the agreement complied with the relevant industrial instruments and if it provided for appropriate mechanisms for dispute resolution.

After thorough examination, the Commission found that the agreement met all the statutory requirements and adequately provided for the fair treatment of employees. The Commission approved the agreement, noting that it included all the necessary minimum terms and conditions and allowed for genuine bargaining. The Commission was satisfied that the agreement complied with the relevant industrial instruments and included appropriate mechanisms for dispute resolution.

The final orders included the approval of the Orica Australia Pty Ltd NSW Chemicals Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

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