Metso Outotec Australia Limited

[2022] FWCA 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metso Outotec Australia Limited

(AG2022/2118)

Metso Outotec Australia Limited (Canning Vale Operations) and United Workers Union Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 JULY 2022

Application for approval of the Metso Outotec Australia Limited (Canning Vale Operations) and United Workers Union Enterprise Agreement 2021

Metso Outotec Australia Limited has made an application for the approval of an enterprise agreement known as the Metso Outotec Australia Limited (Canning Vale Operations) and United Workers Union Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

The United Workers’ Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 July 2022 and, in accordance with s 54, will operate from 18 July 2022. The nominal expiry date of the Agreement is 11 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Metso Outotec Australia Limited sought approval of a new enterprise agreement with the United Workers Union. The proposed agreement was to govern the employment conditions of employees at the Canning Vale Operations of Metso Outotec Australia Limited. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved ensuring that the agreement did not adversely affect the safety, health, or welfare of employees, that it was made in good faith, and that it adhered to the relevant provisions of the Fair Work Act. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for employees, and whether the agreement was consistent with the relevant minimum standards under the National Employment Standards.

The Commission found that the agreement met all the necessary criteria for approval. It did not have any adverse effects on the safety, health, or welfare of employees. The Commission was satisfied that the agreement had been made in good faith and that it provided fair and reasonable terms and conditions for employees. The agreement also complied with the relevant minimum standards under the National Employment Standards. The Commission concluded that the proposed agreement was fair and reasonable, and approved it under the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement between Metso Outotec Australia Limited and the United Workers Union, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established