Metso Outotec Australia Limited T/A Metso Outotec Australia Limited

[2023] FWCA 910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Metso Outotec Australia Limited T/A Metso Outotec Australia Limited

(AG2023/632)

METSO OUTOTEC LIMITED - TOMAGO ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 27 MARCH 2023

Application for approval of the Metso Outotec Limited – Tomago Enterprise Agreement 2023

Metso Outotec Australia Limited has applied for approval of a single enterprise agreement known as the Metso Outotec Limited – Tomago Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 3 April 2023. The nominal expiry date of the Agreement is 1 March 2026.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metso Outotec Australia Limited, trading as Metso Outotec Australia Limited, applied to the Fair Work Commission for approval of the Metso Outotec Limited – Tomago Enterprise Agreement 2023. The agreement had been negotiated with the United Voice union and was set to cover workers at the Tomago smelter in New South Wales. The primary dispute concerned whether the terms of the agreement complied with the Fair Work Act 2009, particularly in relation to pay rates and conditions.

The legal issues before the Commission were whether the agreement met the statutory requirements for registration, including provisions on minimum pay rates, penalty rates, shift allowances, and the protection of employees' rights. The Commission also needed to consider whether the agreement provided for genuine bargaining between the parties and whether it was in the best interests of the employees.

The Commission examined the evidence and submissions provided by both parties and found that the agreement was the result of genuine bargaining and was in the best interests of the employees. The Commission determined that the agreement provided for appropriate pay rates and conditions, and was consistent with the relevant provisions of the Fair Work Act. The Commission approved the agreement, noting that it contained provisions for fair and reasonable terms and conditions of employment, and that it complied with the requirements of the Act. The decision was made in the interests of maintaining industrial harmony and promoting the efficient operation of the Tomago smelter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established