Weir Minerals Australia Ltd T/A Weir Minerals Australia

Case

[2024] FWCA 894

13 MARCH 2024


[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

  1. 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).

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

  1. 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.

  1. 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.

  1. 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.

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

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

Printed by authority of the Commonwealth Government Printer

<AE514911  PR772265>

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