Weir Minerals Australia Ltd

[2022] FWCA 3679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Weir Minerals Australia Ltd

(AG2022/4343)

Weir Minerals Australia Ltd – Beresfield Service Centre and Somersby - Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 20 OCTOBER 2022

Application for approval of the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby - Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby - Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weir Minerals Australia Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement lodged as part of the application contained a number of incorrect references at page 18. The Employer sought to correct the drafting errors and provided amended Agreement pages. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 19 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Weir Minerals Australia Ltd, sought approval of an enterprise agreement made under section 176 of the Fair Work Act 2009. The agreement was between Weir Minerals and a number of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment set forth in the proposed agreement, specifically whether they complied with the legal standards and obligations under the Fair Work Act.

The primary legal issues that the Commission had to address were whether the agreement contained all the mandatory terms required by the Act, whether it was made in good faith and whether it complied with the process requirements of the Act. The applicant argued that the agreement was fair and reasonable, while the union contended that certain terms did not meet the standards required by the law. The Commission needed to determine whether the agreement provided for a fair and reasonable outcome for all parties involved.

In its decision, the Commission carefully examined the provisions of the agreement and considered the arguments presented by both parties. The Commission found that the agreement did indeed meet all the necessary requirements under the Act. It contained all the mandatory terms, was made in good faith, and complied with the process requirements. The Commission concluded that the agreement provided for a fair and reasonable outcome for the employees and the employer. As such, the application for approval of the agreement was granted.

The Commission's final order was that the Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby - Enterprise Agreement 2022 be approved as a registered agreement under section 181 of the Fair Work Act 2009. The agreement was to be registered with the Commission, and it would have effect from the date of the Commission's decision. The terms of the agreement would govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established