DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nyrstar Hobart Pty Ltd T/A Nyrstar Hobart
(AG2019/4844)

NYRSTAR HOBART MAINTENANCE ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Nyrstar Hobart Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nyrstar Hobart Maintenance Enterprise Agreement 2018 (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. 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.

[3] I note that Clauses 5.1 and 5.3 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 17 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Nyrstar Hobart Pty Ltd, trading as Nyrstar Hobart, for approval of the Nyrstar Hobart Maintenance Enterprise Agreement 2018. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which the applicant sought to implement for its employees. The Commission was tasked with determining whether the agreement met the necessary legal standards and requirements for approval.

The key legal issues addressed by the Commission were whether the agreement provided for the fair and equitable treatment of employees, adhered to the provisions of the Fair Work Act 2009, and complied with the principles of procedural fairness. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for terms and conditions that were not less favourable than the applicable awards or registered agreements. The focus was on ensuring the agreement was both legally sound and in the best interests of the employees involved.

In its decision, the Fair Work Commission determined that the Nyrstar Hobart Maintenance Enterprise Agreement 2018 was compliant with the statutory requirements and principles of procedural fairness. The Commission found that the agreement provided for fair and equitable treatment of employees and was made in good faith. It was also concluded that the terms and conditions of the agreement were not less favourable than those provided for in the applicable awards or registered agreements. Accordingly, the Commission approved the enterprise agreement, acknowledging its alignment with legal standards and its potential to benefit both the employer and the employees.

Nyrstar Hobart Pty Ltd T/A Nyrstar Hobart

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established