| [2022] FWCA 924 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
3M Australia Pty Limited T/A 3M Australia Pty Ltd
(AG2022/309)
3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 16 MARCH 2022 |
Application for approval of the 3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024.
3M Australia Pty Limited T/A 3M Australia Pty Ltd (the Employer) has made an application for the approval of the 3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 4.3.1 – Termination of Employment
- Clause 4.4.5.2 – Severance Pay
- Clause 7.6.1(e) – Public Holidays
Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2022. The nominal expiry date of the Agreement is 31 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE515364 PR739386>
Annexure A
- AGLC
- 3M Australia Pty Limited T/A 3M Australia Pty Ltd [2022] FWCA 924
- Case
- [2022] FWCA 924
- Decision Date
CaseChat Overview and Summary
The Commission found that the agreement was made in good faith and included all the required minimum terms and conditions of employment. The agreement contained provisions for minimum wages, penalty rates, allowances, leave entitlements, and other conditions that were consistent with the requirements of the Fair Work Act and Regulations. Furthermore, the agreement had been negotiated between the employer and the relevant employee representatives, and it had been put to a vote of the employees, resulting in a majority approval. Given these findings, the Commission was satisfied that the agreement met the criteria for approval and registration.
Accordingly, the Commission approved the 3M Australia Pty Ltd (Blacktown Site) Employee Collective Agreement 2021-2024, and it is now registered under the Fair Work Act. The agreement will govern the terms and conditions of employment for the employees at the Blacktown site of 3M Australia Pty Ltd for the specified period. This decision ensures that the employees are protected by a legally binding agreement that sets out their rights and obligations, as well as those of their employer.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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