Action Steel Pty Ltd

[2024] FWCA 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Action Steel Pty Ltd

(AG2024/2380)

ACTION STEEL PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 29 JULY 2024

Application for approval of the Action Steel Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Action Steel Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action Steel Pty Ltd (the Employer). 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A that 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 11.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and in accordance with s.54, will operate from 5 August 2024. The nominal expiry date of the Agreement is 29 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Action Steel Pty Ltd was before the Fair Work Commission in an application for approval of the Enterprise Agreement 2024. The dispute involved the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms, met the minimum standards set by the Act, and was free from any unfair content.

The legal issues centred on whether the proposed terms of the agreement were fair and reasonable, including provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission also had to consider if the agreement provided for minimum entitlements as required by the Act and whether it contained any provisions that were considered unfair under the law.

In its decision, the Commission carefully reviewed the terms of the agreement, considering the submissions from both parties. The Commission found that the proposed agreement was fair and reasonable, providing for terms and conditions that were not less favourable than the relevant award or safety net. The Commission also determined that the agreement met the minimum standards set by the Act and did not contain any unfair content. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements.

No further orders were made by the Commission, and the approval of the Enterprise Agreement 2024 was finalised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established