Weir Minerals Ltd T/A Weir Minerals Australia Ltd

[2013] FWCA 5378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Weir Minerals Ltd T/A Weir Minerals Australia Ltd
(AG2013/7389)

WEIR MINERALS AUSTRALIA LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 AUGUST 2013

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

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 13 August 2013. The nominal expiry date of the Agreement is1 March 2015.

DEPUTY PRESIDENT

Annexure A

31 July 2013

Undertakings provided by Weir Minerals Australia Limited

Weir Minerals Australia Limited gives the following undertakings in respect to the Weir Minerals Australia Ltd Enterprise Agreement 2013 (Agreement):

Weir Minerals Australia Limited undertakes that the Parental Leave Policy referred to in clause 19 of the Agreement is incorporated into the agreement. It undertakes to annex a copy of the Parental Leave Policy to the Agreement as Schedule 3.

These undertakings are made by Tony Davies, Manager – Human Resources, on behalf of Weir Minerals Australia Limited on 31 July 2013.

Yours Sincerely

____________________________

Tony Davies

Manager – Human Resources

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Weir Minerals Ltd, trading as Weir Minerals Australia Ltd, applied for approval of the Weir Minerals Australia Ltd Enterprise Agreement 2013. The Fair Work Commission was required to determine whether the agreement contained the necessary provisions and whether it complied with the relevant legislative requirements. The legal issues included whether the agreement was genuinely negotiated, whether it provided for proper procedural fairness, and if it contained all the mandatory provisions as stipulated by the Fair Work Act 2009. The Commission considered the evidence provided by the parties, including the negotiation process and the terms of the agreement. It was determined that the agreement was genuinely negotiated and contained all the necessary provisions. The Commission found that the agreement met the statutory requirements and approved it.

The Commission's reasoning was based on the evidence provided, which demonstrated that the agreement was the result of genuine negotiations between the parties. The terms of the agreement were considered fair and reasonable, and the negotiation process was deemed to have been conducted in good faith. The Commission also noted that the agreement contained all the mandatory provisions required by the Fair Work Act 2009, including provisions relating to wages, hours of work, and other conditions of employment. The Commission was satisfied that the agreement provided for proper procedural fairness and that it met all the legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established