3M Australia Pty Ltd

[2023] FWCA 2859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

3M Australia Pty Ltd

(AG2023/2977)

3M AUSTRALIA AND AUSTRALIAN MANUFACTURING WORKERS UNION GUILDFORD MANUFACTURING CENTRE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 6 SEPTEMBER 2023

Application for approval of the 3M Australia and Australian Manufacturing Workers Union Guildford Manufacturing Centre Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the 3M Australia and Australian Manufacturing Workers Union Guildford Manufacturing Centre Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 3M Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

The Agreement lodged as part of the application contained a typographical error at clause 4. The Employer sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.218A of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by 3M Australia Pty Ltd to the Fair Work Commission for the approval of the 3M Australia and Australian Manufacturing Workers Union Guildford Manufacturing Centre Enterprise Agreement 2023. The Australian Manufacturing Workers Union contested the application, arguing that the proposed agreement did not meet certain statutory requirements for fair and reasonable terms and conditions of employment. The dispute centred around the specific provisions of the agreement related to wages, hours, and conditions of work.

The primary legal issues the court had to address were whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009, and if the agreement provided for fair and reasonable terms and conditions of employment. This included examining whether the agreement adequately addressed the needs of the employees and whether it contained terms that were necessary to prevent unfair treatment in the workplace. The court also had to consider the submissions and evidence presented by both parties to determine the fairness of the agreement.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did comply with the statutory requirements. The Commission acknowledged the submissions made by both parties but concluded that the agreement provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement balanced the needs of both the employer and the employees, and that it contained provisions that were necessary to prevent unfair treatment. The Commission was satisfied that the agreement met the necessary standards and approved the application.

The Fair Work Commission approved the 3M Australia and Australian Manufacturing Workers Union Guildford Manufacturing Centre Enterprise Agreement 2023, finding it to be fair and reasonable, and in compliance with the statutory requirements of the Fair Work Act 2009. This decision confirmed the validity of the agreement, allowing it to be implemented and enforced between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established