DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Weir Minerals Australia Limited
(AG2020/1426)

WEIR MINERALS AUSTRALIA LTD - BERESFIELD SERVICE CENTRE AND SOMERSBY WHITE METAL - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2020

Application for variation of the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby White Metal - Enterprise Agreement 2017

[1] An application has been made for approval of a variation to the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby White Metal - Enterprise Agreement 2017 (the Agreement). The application was made by Weir Minerals Australia Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Weir Minerals Australia Limited in the Fair Work Commission. The company sought a variation of the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby White Metal - Enterprise Agreement 2017, which had been registered on 22 November 2017. The enterprise agreement involved employees who were members of the National Union of Workers. The company sought to amend the enterprise agreement to allow for the operation of a service centre for the repair and maintenance of heavy vehicles, including trucks, buses and other large vehicles, at the Beresfield Service Centre. The company argued that the current enterprise agreement did not adequately cater to the specific needs and operational requirements of the service centre, and that changes were necessary to ensure the business could operate efficiently and effectively.

The central legal issues before the Fair Work Commission were whether the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009 and whether the changes would result in a fairer and more efficient workplace. The Commission needed to consider whether the proposed changes would have a detrimental effect on the employees covered by the enterprise agreement and whether any detriments were justified in the circumstances. Additionally, the Commission had to assess whether the changes were in line with the principles of good faith bargaining and the objectives of the Fair Work Act, which include promoting high levels of employment and the improvement of working conditions.

The Fair Work Commission found that the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act and would not have an adverse effect on the employees. The Commission noted that the proposed changes would improve the operational efficiency of the Beresfield Service Centre, which in turn would benefit both the company and its employees. The Commission was satisfied that the company had engaged in good faith bargaining with the union and that the changes were necessary to address the specific operational requirements of the service centre. The Commission accepted that the changes would not result in any significant detriment to the employees and that the overall effect of the changes would be positive.

The Fair Work Commission approved the variation of the enterprise agreement to allow for the operation of a service centre for the repair and maintenance of heavy vehicles, including trucks, buses and other large vehicles, at the Beresfield Service Centre. The decision was made on 21 December 2020 and the amended enterprise agreement came into effect on that date. The Commission's decision recognised the need for the company to adapt to changing business circumstances while also ensuring that the rights and interests of the employees were protected.

Weir Minerals Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established