Weir Minerals Australia Ltd

[2013] FWCA 5180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weir Minerals Australia Ltd
(AG2013/6896)

WEIR MINERALS AUSTRALIA LTD ENTERPRISE AGREEMENT - HENDERSON 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 JULY 2013

Application for approval of the Weir Minerals Australia Ltd Enterprise Agreement - Henderson 2013.

[1] An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd Enterprise Agreement - Henderson 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Weir Minerals Australia Ltd Enterprise Agreement, which was negotiated by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Weir Minerals Australia Ltd. The application was brought before the Fair Work Commission by the CFMEU, who sought to have the enterprise agreement registered as a certified agreement. The enterprise agreement was intended to cover employees of Weir Minerals Australia Ltd employed at its mining operations in the Mount Isa area of Queensland.

The primary legal issue for the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement contained the minimum terms and conditions prescribed by the Act and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was consistent with the principles of enterprise bargaining and whether it provided for a fair and reasonable outcome for both parties.

In making its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the enterprise agreement contained the minimum terms and conditions required by the Act and that it was made in good faith and without coercion. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and that it provided for a fair and reasonable outcome for both parties. The Commission approved the enterprise agreement and registered it as a certified agreement.

The Fair Work Commission approved the Weir Minerals Australia Ltd Enterprise Agreement and registered it as a certified agreement. The agreement will now apply to employees of Weir Minerals Australia Ltd employed at its mining operations in the Mount Isa area of Queensland. The approval of the enterprise agreement provides a framework for the parties to resolve any future disputes and ensures that the employees are covered by a fair and reasonable agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established