Weir Minerals Australia Ltd Summary

[2024] FWCA 2058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Weir Minerals Australia Ltd

(AG2024/1519)

WEIR MINERALS AUSTRALIA LTD ENTERPRISE AGREEMENT – PERTH SERVICE CENTRE 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 4 JUNE 2024

Application for approval of the Weir Minerals Australia Ltd Enterprise Agreement – Perth Service Centre 2024

Weir Minerals Australia Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Weir Minerals Australia Ltd Enterprise Agreement – Perth Service Centre 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declarations provided by the AMWU, I note that the AMWU is covered by the Agreement.

The Agreement was approved on 4 June 2024 and, in accordance with s 54, will operate from 11 June 2024. The nominal expiry date of the Agreement is 3 years from 11 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Weir Minerals Australia Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, the Weir Minerals Australia Ltd Enterprise Agreement – Perth Service Centre 2024. The agreement was proposed as a single enterprise agreement and was intended to cover employees at the Perth service centre of the company. The application was made under section 185 of the Fair Work Act 2009.

The court had to determine whether the agreement met the necessary requirements under the Fair Work Act for approval. This included examining if the agreement complied with sections 186, 187, 188, and 190 of the Act, and if the written undertaking provided by the company would not result in financial detriment to the employees or substantial changes to the agreement. Additionally, the court considered the views of the bargaining representative, the Australian Manufacturing Workers’ Union, which had declared its intention for the agreement to cover its members.

The commissioner found that all the requirements of the Act were satisfied, as the company's undertaking did not cause financial detriment to employees or lead to substantial changes in the agreement. No objections were raised by the bargaining representative. Consequently, the agreement was approved on June 4, 2024, and will take effect on June 11, 2024. The agreement has a nominal expiry date three years from its commencement.

Weir Minerals Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established