Weir Minerals Australia Ltd

[2022] FWCA 1628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Weir Minerals Australia Ltd

(AG2022/1337)

Weir Minerals Australia Ltd Enterprise Agreement - Perth Service Centre 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 MAY 2022

Application for approval of the Weir Minerals Australia Ltd Enterprise Agreement - Perth Service Centre 2022

Weir Minerals Australia Ltd has made an application for the approval of an enterprise agreement known as the Weir Minerals Australia Ltd Enterprise Agreement - Perth Service Centre 2022 (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 representatives’ views regarding the undertaking proffered were sought. The bargaining representatives were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking 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 Agreement was approved on 17 May 2022 and, in accordance with s 54, will operate from 24 May 2022 The nominal expiry date of the Agreement is 24 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case before the Fair Work Commission, Weir Minerals Australia Limited sought approval for the proposed Weir Minerals Australia Limited Enterprise Agreement - Perth Service Centre 2022. The agreement, which was to govern the terms and conditions of employment for certain employees at the Perth Service Centre, required the approval of the Commission. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval as stipulated in the Fair Work Act. This included whether the agreement contained the mandated minimum terms and conditions, whether it was free from prohibited content, and whether it had been negotiated in good faith. The Commission also needed to assess whether the agreement was likely to have a detrimental effect on the employment conditions of the employees covered by it.

The Commission concluded that the proposed agreement met the necessary criteria for approval. The agreement contained the mandated minimum terms and conditions, was free from prohibited content, and was negotiated in good faith. The Commission also found that the agreement was not likely to have a detrimental effect on the employment conditions of the employees covered by it. Therefore, the Commission approved the agreement, and it became effective from the date of the decision.

No further orders were made by the Commission beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established