DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Nitrates Management Pty Ltd
(AG2017/5361)

QUEENSLAND NITRATES MANAGEMENT PTY LTD –ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2018

Application for approval of the Queensland Nitrates Management Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Nitrates Management Pty Ltd - 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 Queensland Nitrates Management 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 29 January 2018. The nominal expiry date of the Agreement is 29 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Queensland Nitrates Management Pty Ltd applied for approval of the Queensland Nitrates Management Pty Ltd - Enterprise Agreement 2017. The applicant is an employer engaged in the manufacture of chemicals, while the respondents are the Australian Manufacturing Workers Union and the National Tertiary Education Industry Union. The dispute centred on the terms and conditions of employment for employees of the applicant company.

The legal issues before the Commission were whether the terms of the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test." The Commission considered the provisions of the agreement, including those related to pay rates, classification, and other employment conditions. The Commission also examined the bargaining process, the parties' conduct, and the impact of the agreement on the employees.

After a thorough analysis, the Commission found that the agreement was in compliance with the statutory requirements and met the "better off overall test." The Commission acknowledged the efforts of the parties in reaching a consensus and approved the agreement. The decision emphasised the importance of fair and reasonable terms of employment for both employers and employees, and the need for effective collective bargaining. The Fair Work Commission granted the approval of the enterprise agreement, effective from the date of the decision.

Queensland Nitrates Management 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