DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Orica Limited T/A Orica Australia Pty Ltd
(AG2016/1768)

ORICA AUSTRALIA PTY LTD QLD METALLIFEROUS ENTERPRISE AGREEMENT 2016

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 11 AUGUST 2016

Application for approval of the Orica Australia Pty Ltd QLD Metalliferous Enterprise Agreement 2016.

[1] Orica Australia Pty Ltd applies for approval of an enterprise agreement known as the Orica Australia Pty Ltd QLD Metalliferous Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 8 August 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 18 August 2016. The nominal expiry date of the Agreement is 11 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Orica Limited, trading as Orica Australia Pty Ltd, sought approval of the Orica Australia Pty Ltd Queensland Metalliferous Enterprise Agreement 2016. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009 in terms of being a genuine enterprise agreement. The applicant argued that the agreement was the product of genuine bargaining, was free from any improper influence or coercion, and satisfied the other statutory criteria. The decision hinged on the applicant's ability to demonstrate compliance with the procedural and substantive requirements under the Act.

The court examined the process by which the agreement was negotiated, including whether there had been genuine attempts to negotiate and if the process was free from coercion or undue influence. The applicant provided evidence of the bargaining process, including meetings, communications, and the development of the agreement. The court assessed whether the agreement met the threshold criteria for coverage and the protections it provided to employees, including minimum wages, conditions, and entitlements. The applicant's submissions included detailed records and witness testimonies to support the genuineness of the agreement.

After thorough consideration of the evidence and submissions, the court found that the Orica Australia Pty Ltd Queensland Metalliferous Enterprise Agreement 2016 met all the necessary criteria for approval under the Fair Work Act 2009. The court was satisfied that the agreement was the result of genuine bargaining and that it complied with all procedural and substantive requirements. Consequently, the court approved the agreement, confirming its validity and enforceability.

The final orders of the court were that the Orica Australia Pty Ltd Queensland Metalliferous Enterprise Agreement 2016 be approved as a genuine enterprise agreement under the Fair Work Act 2009. The agreement was to be registered and would come into effect on the date of the decision, ensuring that it would govern the terms and conditions of employment for the relevant employees.

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