Vesuvius Australia Pty Ltd

[2024] FWCA 3673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vesuvius Australia Pty Ltd

(AG2024/3675)

VESUVIUS AUSTRALIA PORT KEMBLA EMPLOYEES ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the Vesuvius Australia Port Kembla Employees Enterprise Agreement 2024

Vesuvius Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Vesuvius Australia Port Kembla Employees Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers’ Union (AMWU) and the Construction Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU and the CFMEU

The Agreement was approved on 22 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vesuvius Australia Pty Ltd sought approval of a new enterprise agreement from the Fair Work Commission. The dispute centred on whether the proposed agreement, which was intended to govern the employment conditions of employees at the Port Kembla facility, complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it was made in good faith. Additionally, the court examined whether the agreement met the necessary criteria for approval under the relevant provisions of the Act.

The primary legal issue was whether the agreement fulfilled the statutory obligations set out in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was made without coercion, undue influence, or pressure, and whether it provided for fair and reasonable terms and conditions of employment. Furthermore, the court had to determine if the agreement included all the mandatory terms prescribed by the Act and if it was in the best interests of the employees involved.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The court found that the agreement was made in good faith and without any undue influence or coercion. It also found that the agreement provided for fair and reasonable terms and conditions of employment, included all the mandatory terms prescribed by the Act, and was in the best interests of the employees. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations, thereby meeting the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Vesuvius Australia Port Kembla Employees Enterprise Agreement 2024, confirming that it complied with the relevant provisions of the Fair Work Act 2009. The agreement was found to be fair, reasonable, and in the best interests of the employees, and thus was valid and enforceable. The decision affirmed the Commission's role in ensuring that enterprise agreements adhere to the statutory standards set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established