DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Plus Steel Fabrications Pty Ltd
(AG2021/265)

AMWU & A+ STEEL FABRICATION PTY LTD GEELONG AREA AGREEMENT 2020 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 FEBRUARY 2021

Application for approval of the AMWU & A+ Steel Fabrication Pty Ltd Geelong Area Agreement 2020 - 2023.

[1] A Plus Steel Fabrications Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & A+ Steel Fabrication Pty Ltd Geelong Area Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 February 2021 and, in accordance with s 54, will operate from 2 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A Plus Steel Fabrications Pty Ltd, along with the Australian Manufacturing Workers' Union, sought the approval of an enterprise agreement under section 174 of the Fair Work Act 2009. The application was lodged in the Fair Work Commission, with the parties advocating for the AMWU & A+ Steel Fabrication Pty Ltd Geelong Area Agreement 2020 - 2023 to be formally approved. The dispute centred on whether the agreement met the necessary legal standards for approval, including compliance with the procedural fairness requirements and the overall fairness of the terms within the agreement.

The primary legal issues before the court were whether the agreement had been fairly negotiated and if it satisfied the procedural prerequisites for approval. Furthermore, the court had to determine if the terms of the agreement were consistent with the Fair Work Act's objectives, particularly in relation to minimum wages, conditions, and other employment standards. The court examined the process by which the agreement was negotiated, including whether there was genuine bargaining between the parties and whether the terms reflected a fair representation of the employees' interests.

The Fair Work Commission found that the agreement was the result of genuine negotiations between the parties and was thus procedurally compliant. The court noted that the AMWU had provided evidence of its bargaining process, and the terms of the agreement were in line with the Fair Work Act's objectives, ensuring that employees were not disadvantaged. The commission was satisfied that the agreement provided a fair balance of rights and obligations for both the employer and employees. As such, the application for approval was granted, and the agreement was officially approved.

The court ordered that the AMWU & A+ Steel Fabrication Pty Ltd Geelong Area Agreement 2020 - 2023 be approved and registered in accordance with section 174 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration, providing the framework for employment conditions between the parties for the duration of the agreement.

A Plus Steel Fabrications Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established