DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S.J. Weir (Ballarat) Pty Ltd
(AG2019/2675)

SJ WEIR (BALLARAT) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 AUGUST 2019

Application for approval of the SJ Weir (Ballarat) Pty Ltd Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the SJ Weir (Ballarat) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by S.J. Weir (Ballarat) Pty Ltd.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2019. The nominal expiry date of the Agreement is 13 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case of S.J. Weir (Ballarat) Pty Ltd involved the company, S.J. Weir (Ballarat) Pty Ltd, and its employees, represented by the Electrical Trades Union of Australia. The dispute pertained to the proposed Enterprise Agreement 2019, which sought to modify the existing terms of employment for the workers. The matter was brought before the Fair Work Commission of Australia. The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on the need for genuine bargaining and the compliance with the better off overall test (BOOT).

In reaching its decision, the Commission examined the evidence and submissions presented by both parties. The company argued that the proposed changes were necessary to improve efficiency and competitiveness, while the union contended that the changes would adversely affect the employees' conditions. The Commission found that the bargaining process was genuine, with both parties demonstrating a willingness to negotiate and consider each other's positions. The Commission also determined that the proposed changes met the BOOT, as the employees would be better off overall when considering both monetary and non-monetary benefits. Consequently, the Commission approved the Enterprise Agreement 2019, finding it to be in compliance with the relevant legislative requirements.

The Fair Work Commission's decision was grounded in the evidence presented and the application of the statutory provisions. The Commission held that the proposed changes in the Enterprise Agreement were not only the result of genuine bargaining but also met the better off overall test. The approval of the agreement signified that the changes would ultimately benefit the employees, taking into account both financial and non-financial factors. This ruling underscored the importance of genuine negotiations and the need for any changes to employment conditions to be advantageous for the employees as a whole.

The final orders of the Commission included the approval of the Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to adhere to the terms and conditions outlined in the approved agreement. This decision marked a significant step in the ongoing relationship between S.J. Weir (Ballarat) Pty Ltd and its employees, as it established the new terms of employment under the approved Enterprise Agreement.

S.J. Weir (Ballarat) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established