DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harsco Metals & Minerals Australia Pty Ltd
(AG2015/3404)

HARSCO METALS LAVERTON & THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2015

Application for approval of the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Application by Harsco Metals & Minerals Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 31 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harsco Metals & Minerals Australia Pty Ltd sought approval for the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2014-2017. The dispute involved the application for an order approving the enterprise agreement under the Fair Work Act 2009. The Australian Workers’ Union and Harsco Metals & Minerals Australia Pty Ltd were the primary parties involved in the negotiations of this agreement, which sought to regulate the employment conditions of certain employees in the metals industry.

The legal issues before the court centred on whether the enterprise agreement met the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement contained the necessary minimum terms and conditions as mandated by the Act, and whether the agreement was made in good faith and without coercion. Additionally, the court examined if the agreement provided for adequate dispute resolution mechanisms and if it complied with the procedural requirements for application for approval.

The Fair Work Commission, upon reviewing the submissions and evidence, found that the enterprise agreement contained all the prescribed minimum terms and conditions and was made in good faith. The Commission concluded that the agreement was fair and reasonable, taking into account the economic circumstances of the parties. The court also noted that the agreement included appropriate dispute resolution processes and adhered to the procedural requirements for application. Consequently, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Harsco Metals Laverton & The Australian Workers’ Union Enterprise Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the Commission’s decision, thereby establishing the terms and conditions of employment for the relevant employees for the duration of the agreement.

Harsco Metals & Minerals Australia 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