Weir Minerals Australia Ltd

[2022] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Weir Minerals Australia Ltd

(AG2021/9371)

Weir Minerals Australia Ltd - Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 FEBRUARY 2022

Application for approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd - Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2022. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Weir Minerals Australia Limited and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the application for approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2021, which was submitted to the Fair Work Commission for ratification. The court was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the enterprise agreement was made in good faith, whether it contained the necessary minimum terms and conditions as stipulated by the Act, and whether it had been properly negotiated. The court examined whether the agreement was sufficiently detailed to ensure that employees were treated fairly and whether it complied with all legislative requirements. The validity of the consultation process between the employer and the union was also scrutinized to ensure it was thorough and genuine.

The Fair Work Commission, after careful consideration of the evidence and arguments presented by both parties, found that the agreement was made in good faith and met all statutory requirements. The Commission determined that the agreement contained the necessary minimum terms and conditions and had been negotiated appropriately. The process of consultation was deemed adequate, thus the agreement was approved by the Commission. The decision was made in light of the evidence that the agreement was fair and balanced, providing a suitable framework for the employment relationship moving forward.

The Commission's final orders included the approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2021, thereby providing legal certainty for both the employer and employees. The agreement was to be registered with the Fair Work Commission and 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