Weir Minerals Australia Ltd T/A Weir Minerals Australia

[2024] FWCA 894

FAIR WORK COMMISSION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Weir Minerals Australia Ltd T/A Weir Minerals Australia

(AG2024/410)

WEIR MINERALS AUSTRALIA LTD – ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 13 MARCH 2024

Application for variation of the Weir Minerals Australia Ltd – Enterprise Agreement 2021

An application has been made for approval of a variation to the Weir Minerals Australia Ltd – Enterprise Agreement 2021 (the Agreement). The application was made by Weir Minerals Australia Ltd T/A Weir Minerals Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

The Agreement lodged contained errors where some clauses erroneously cross-referenced incorporated Award clauses which were incorrect. On 4 March 2024, the Applicant filed an amended copy of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 March 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weir Minerals Australia Ltd T/A Weir Minerals Australia has applied for approval of a variation to the Weir Minerals Australia Ltd – Enterprise Agreement 2021 (the Agreement) under section 210 of the Fair Work Act 2009. The application was filed on 13 March 2024 and seeks to alter various clauses of the Agreement. The company has provided written undertakings which, according to the Deputy President, will not cause financial detriment to any affected employee and will not result in substantial changes to the variation. These undertakings are considered a term of the Agreement.

The legal issues before the court included whether the variation met the statutory requirements for approval under the Fair Work Act 2009 and whether the applicant had provided sufficient written undertakings. The court also needed to determine whether the corrected version of the Agreement, which was filed on 4 March 2024, should be approved. The Deputy President concluded that the applicant had satisfied all the requirements of sections 211 and 212 of the Act, which are relevant to the application for approval.

The court found that the applicant had met all the necessary requirements, including providing written undertakings that would not cause financial detriment to employees or result in substantial changes to the variation. The Deputy President approved the variation and noted that the consolidated version of the Agreement, as varied, is attached to the decision. The variation is to operate from 13 March 2024 in accordance with section 216 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established