Western Australian Mint T/A The Perth Mint Summary

[2018] FWCA 5795

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Western Australian Mint T/A The Perth Mint

(AG2018/2263)

Western Australian Mint Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Beaumont	PERTH, 14 SEPTEMBER 2018

Application for approval of the Western Australian Mint Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Western Australian Mint Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Australian Mint T/A The Perth Mint. The agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Western Australian Mint, trading as The Perth Mint, sought approval for the Western Australian Mint Enterprise Agreement 2018. This case was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and approving enterprise agreements. The Mint, a government business enterprise, aimed to have its agreement, which contained terms and conditions for its employees, formally approved.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in accordance with the procedural fairness principles. The Commission had to ensure that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was made without coercion, duress or discrimination.

The Commission found that the agreement met the necessary criteria. It provided for fair and reasonable terms and conditions for employees, and the process of making the agreement was conducted fairly. The Commission took into account the fact that the agreement was negotiated in good faith, and that it was supported by a significant majority of the employees. The Commission also noted that the agreement contained provisions for the protection of employees' rights and interests. As a result, the Fair Work Commission approved the Western Australian Mint Enterprise Agreement 2018.

Western Australian Mint T/A The Perth Mint

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established