DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Limited
(AG2015/2564)

ORICA AUSTRALIA PTY LTD NEW SOUTH WALES STEEL PRODUCTS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the Orica Australia Pty Ltd New South Wales Steel Products Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orica Australia Pty Ltd New South Wales Steel Products Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Orica Limited. The agreement is a single enterprise agreement.

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

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 22 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orica Limited was the applicant, seeking approval of a new enterprise agreement with its employees in the steel products division in New South Wales. The Fair Work Commission heard the application. The primary issue was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. This included determining whether the agreement was genuinely negotiated, contained appropriate terms and conditions, and complied with the "better off overall test" that required employees to be at least as well off under the new agreement as they would be under the existing award or agreement.

The Commission found that the agreement had been genuinely negotiated and contained appropriate terms and conditions. However, the Commission identified issues with the agreement's provisions on employee entitlements to redundancy payments and the definition of "hours of work." After negotiations between the parties, these issues were resolved to the satisfaction of the Commission. The Commission was satisfied that the agreement met the "better off overall test" and approved the application. The new enterprise agreement was set to commence on 1 July 2015.

The Commission ordered that the Orica Australia Pty Ltd New South Wales Steel Products Enterprise Agreement 2015 be approved and registered with the Fair Work Commission, effective from 1 July 2015. The agreement was to apply to employees in the steel products division of Orica Limited in New South Wales and replace any existing enterprise agreements or awards applicable to those employees.

Orica Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established