Weir Minerals Australia Ltd Summary

[2018] FWCA 3536

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Weir Minerals Australia Ltd

(AG2018/738)

Weir Minerals Australia Ltd - Beresfield Service Centre and Somersby White Metal - Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 18 JUNE 2018

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

An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd – Beresfield Service Centre and Somersby White Metal - Enterprise Agreement 2017 (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 25 June 2018. The nominal expiry date of the Agreement is 25 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weir Minerals Australia Ltd sought approval of an enterprise agreement with its employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval. The primary issue was whether the agreement provided adequate protection for the employees' rights and interests. The company argued that the agreement was fair and reasonable, while the union representing the employees contended that it did not sufficiently protect the employees.

The Commission examined the agreement to ensure it complied with the Fair Work Act 2009. It considered whether the agreement provided for fair terms and conditions of employment, including reasonable notice of termination and redundancy provisions. The Commission also assessed whether the agreement was made in good faith and without coercion. After careful consideration, the Commission found that the agreement did not adequately protect the employees' rights in relation to redundancy payments. The company had proposed a reduction in redundancy entitlements, which the Commission deemed insufficient.

Consequently, the Commission did not grant approval to the agreement. The company was required to negotiate further with the union to address the deficiencies identified. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees, particularly in relation to critical protections such as redundancy entitlements. The company and the union were directed to continue negotiations to reach an agreement that met the statutory requirements.

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