3M Australia Pty Ltd Summary

[2024] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

3M Australia Pty Ltd

(AG2024/1242)

3M AUSTRALIA PTY LTD – DISTRIBUTION CENTRE & UNITED WORKERS UNION COLLECTIVE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT WRIGHT	SYDNEY, 23 MAY 2024

Application for variation of the 3M Australia Pty Ltd – Distribution Centre & United Workers Union Collective Agreement 2023

An application has been made for approval of a variation to the 3M Australia Pty Ltd – Distribution Centre & United Workers Union Collective Agreement 2023 (the Agreement). The application was made by 3M Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary a clause of the Agreement. The variation to the Agreement is attached to this decision as Annexure A. An undertaking is attached as Annexure B.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 23 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

3M Australia Pty Ltd sought variation of the Distribution Centre & United Workers Union Collective Agreement 2023. The application was brought before the Fair Work Commission, which holds jurisdiction over employment-related disputes in Australia. The union and the employer were in disagreement over various aspects of the agreement, particularly concerning employee entitlements, work conditions, and procedural fairness in workplace disputes.

The legal issues before the Commission centred on whether the proposed changes to the agreement would result in a worse-off position for the employees, and whether the process leading to the agreement was fair and compliant with relevant industrial relations laws. The union argued that the changes would undermine the employees' existing rights and conditions, while the employer contended that the changes were necessary to improve operational efficiency and were in line with the terms of the Fair Work Act 2009.

The Fair Work Commission assessed the application by examining the impact of the proposed changes on the employees' conditions, considering the balance of rights and obligations under the Fair Work Act. The Commission determined that the proposed changes did not place employees in a worse-off position and that the process leading to the agreement was fair. Consequently, the Commission approved the application and varied the agreement as sought by 3M Australia Pty Ltd. The decision was made in the interest of maintaining a fair and efficient workplace while upholding the rights of both the employer and the employees.

3M Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established