DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weir Minerals Australia Ltd T/A Weir Minerals Australia
(AG2017/4186)

WEIR MINERALS AUSTRALIA LTD - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd - 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 T/A Weir Minerals Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 8 December 2017. The nominal expiry date of the Agreement is 8 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Weir Minerals Australia Ltd for the approval of an Enterprise Agreement. The proposed agreement, dated 2017, was the subject of a dispute between the employer and the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues the court was required to decide centred on whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was made in good faith and without coercion. The Commission needed to assess whether the agreement was consistent with the objectives of the Act and whether it adhered to the Fair Work (Registered Organisations) Act 2009. The focus was also on whether the agreement provided adequate protections for employees, particularly in relation to wages, hours of work, and other employment conditions.

In reaching its decision, the Commission considered the evidence presented by both parties. It evaluated whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the industry and the bargaining power of the parties. The Commission also examined whether the agreement was made in good faith and without coercion, and whether it adhered to the requirements of the Fair Work Act 2009. After thorough consideration, the Commission found that the agreement met the necessary requirements and approved it. The decision acknowledged the efforts of both parties in reaching a fair and reasonable agreement that would benefit the employees and the employer.

The Commission ordered the approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2017, recognising its compliance with the statutory requirements. The agreement was set to provide the agreed terms and conditions for the employees, effective from the date of approval. The decision provided certainty and stability for both parties, ensuring that the agreement would be implemented in accordance with the law.

Weir Minerals Australia Ltd T/A Weir Minerals Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established