DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aplus Steel Fabrication Pty Ltd
(AG2019/1631)

A PLUS STEEL FABRICATIONS PTY LTD AND AMWU GEELONG AREA AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2019

Application for approval of the A Plus Steel Fabrications Pty Ltd and AWMU Geelong Area Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the A Plus Steel Fabrications Pty Ltd and AWMU Geelong Area Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Aplus Steel Fabrication Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the A Plus Steel Fabrications Pty Ltd and AWMU Geelong Area Agreement 2017 - 2020. The applicant, A Plus Steel Fabrications Pty Ltd, sought the Commission's approval for this enterprise agreement, which it had negotiated with the Australian Workers' Union. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions relating to minimum rates of pay and conditions of employment.

The Commission was required to determine whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act. Key issues included whether the agreement provided for minimum rates of pay that were no less favourable than the applicable award or registered agreement, and whether it contained terms that were contrary to public policy or were otherwise invalid. The applicant argued that the agreement was consistent with the legislative requirements, while the respondent union supported the application on the basis that it had been negotiated in good faith and was in the best interests of the employees.

The Commission considered the provisions of the Fair Work Act and relevant case law in making its decision. It found that the agreement contained terms that were no less favourable than the applicable award and did not contravene any statutory provisions. The Commission also noted that the agreement had been negotiated in good faith and was in the best interests of the employees, as supported by the union. Consequently, the Commission approved the enterprise agreement, finding that it met all the necessary legal requirements.

The Fair Work Commission approved the A Plus Steel Fabrications Pty Ltd and AWMU Geelong Area Agreement 2017 - 2020, effective from the date of the decision. The Commission's approval was based on the determination that the agreement complied with the Fair Work Act, provided for appropriate minimum rates of pay, and was negotiated in good faith. This decision allowed the agreement to be registered and enforceable, providing certainty and stability for both the employer and the employees involved.

Aplus Steel Fabrication 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