Nyrstar Port Pirie Pty Ltd Summary

[2014] FWCA 2056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nyrstar Port Pirie Pty Ltd
(AG2014/577)

NYRSTAR PORT PIRIE ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 27 MARCH 2014

Application for approval of the Nyrstar Port Pirie Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Nyrstar Port Pirie Enterprise Agreement 2014 (the Agreement) has been made by Nyrstar Port Pirie Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] 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.

[3] The Consultation (notification of change) provision in clause 9 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement as Schedule 1.

[4] The Communications, Electrical, Energy, Information, Postal, Plumbing & Allied Services Union, Electrical Division (the CEPU), The Australian Manufacturing Workers Union (SA) (the AMWU), the Australian Workers Union (Amalgamated AWU (SA) State Union) (the AWU) and the Construction, Forestry, Mining & Energy Union (the CFMEU), each being a bargaining representative for the Agreement, have each given notice pursuant to s.183(1) of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act that the Agreement covers the CEPU, the AMWU, the AWU and the CFMEU.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 3 April 2014. The nominal expiry date of the Agreement is 2 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Nyrstar Port Pirie Pty Ltd involved an application for the approval of the Nyrstar Port Pirie Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or make modifications to enterprise agreements under the Fair Work Act 2009. The application was brought by Nyrstar Port Pirie Pty Ltd, a lead zinc and lead smelting company, against the Australian Manufacturing Workers Union. The union represents the employees who are the subject of the proposed agreement.

The legal issues before the Commission centred on whether the proposed agreement complied with the various statutory requirements outlined in the Fair Work Act. Key points included whether the agreement provided for a fair and reasonable method of determining the wages and conditions of employment, if the agreement was sufficiently accessible to the employees, and whether it contained all the prescribed terms. The Commission also considered if the agreement was made in good faith and if it complied with the procedural fairness requirements, including the proper provision of relevant information to the employees before the agreement was made.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It assessed the fairness of the proposed terms, including the wage rates, working conditions, and other employment-related matters. The Commission also evaluated the process by which the agreement was negotiated and the information provided to the employees. After careful consideration, the Commission determined that the agreement was fair and reasonable, met all statutory requirements, and was made in good faith. Consequently, the Commission approved the Nyrstar Port Pirie Enterprise Agreement 2014.

The final orders of the Commission included the approval of the enterprise agreement as it stood, subject to the terms and conditions set out in the agreement itself. The decision was made effective from the date of the Commission's approval, ensuring that the agreement would govern the employment relationship between the parties moving forward.

Nyrstar Port Pirie Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established