DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter
(AG2015/6587)

NYRSTAR HOBART PRODUCTION ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Nyrstar Hobart Production Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nyrstar Hobart Production Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Nyrstar Hobart Pty Ltd, trading as Nyrstar Hobart Smelter, which sought approval of the Nyrstar Hobart Production Enterprise Agreement 2015. The dispute arose from the company's application to the Fair Work Commission, which was challenged by the Australian Manufacturing Workers' Union. The legal issues at hand centred on whether the proposed enterprise agreement complied with the relevant statutory requirements and whether the process of its approval was lawful and fair.

The court examined the process through which the enterprise agreement was formed, focusing on whether it was made in good faith and whether the appropriate procedures were followed. Key considerations included the adequacy of the consultation process with the employees and the union, and whether the agreement addressed the employees' rights and obligations fairly. The court also assessed whether the agreement was likely to achieve its stated objectives of maintaining a productive and harmonious workplace.

In its decision, the court found that the enterprise agreement was made in good faith and that the necessary consultation procedures were followed. The court was satisfied that the agreement was likely to achieve its intended objectives and that it did not unjustifiably discriminate against any group of employees. Consequently, the court approved the Nyrstar Hobart Production Enterprise Agreement 2015, upholding the application by Nyrstar Hobart Pty Ltd.

Nyrstar Hobart Pty Ltd t/a Nyrstar Hobart Smelter

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established