DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weir Minerals Australia Ltd T/A Weir Minerals Australia
(AG2015/5115)

WEIR MINERALS AUSTRALIA LTD - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Weir Minerals Australia Ltd - Enterprise Agreement 2015 (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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Weir Minerals Australia Ltd, trading as Weir Minerals Australia, applied for approval of the Weir Minerals Australia Ltd - Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement was not in the best interests of the employees. The Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it was in the best interests of the employees.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was "independent" of the parties, "in writing", "free of prohibited content", and "in the best interests of the employees". The Commission also had to consider whether the agreement was "made in good faith".

The Commission found that the agreement met the statutory requirements for approval. The Commission accepted that the agreement was independent of the parties, in writing, free of prohibited content, and made in good faith. The Commission also found that the agreement was in the best interests of the employees, despite the opposition of the union. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved leave entitlements, and better working conditions. The Commission also noted that the agreement provided for a dispute resolution process that was fair and effective.

The Commission approved the Weir Minerals Australia Ltd - Enterprise Agreement 2015. The agreement will now apply to the employees of Weir Minerals Australia Ltd, and will remain in force until it is terminated or replaced by a new agreement.

Weir Minerals Australia Ltd T/A Weir Minerals Australia

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established