DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armitage Steel Pty Ltd T/A Armitage Steel Pty Ltd
(AG2019/3033)

ARMITAGE STEEL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the Armitage Steel Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Armitage Steel Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armitage Steel Pty Ltd T/A Armitage Steel Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Armitage Steel Pty Ltd, trading as Armitage Steel, and the Australian Manufacturing Workers' Union. The dispute was about the application for approval of the Armitage Steel Pty Ltd Enterprise Agreement 2019. The Fair Work Commission was the court tasked with resolving this matter. The central legal issues the Commission needed to decide were whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a lawful and fair enterprise agreement.

The Fair Work Commission examined the agreement to determine if it adhered to the legislative framework provided by the Fair Work Act 2009. Specifically, the Commission assessed whether the agreement contained all the mandatory terms set out in the Act, and if it was negotiated in good faith and dealt with in a manner that was fair and reasonable. The Commission also considered whether the agreement complied with the provisions regarding minimum entitlements and whether it appropriately covered the relevant employees and employers. The Commission concluded that the agreement was compliant with the statutory requirements and was fair and reasonable, thus approving the application.

The Fair Work Commission found that the Armitage Steel Pty Ltd Enterprise Agreement 2019 complied with all the necessary legal requirements and was fair and reasonable. The agreement was approved, and the Commission determined that it met the statutory criteria for approval under the Fair Work Act 2009. The decision highlighted the importance of ensuring that enterprise agreements are negotiated in good faith and cover all mandatory terms and minimum entitlements as required by law.

The final orders of the Fair Work Commission included the approval of the Armitage Steel Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. This decision provided clarity on the legal requirements for enterprise agreements and affirmed the Commission's role in ensuring fair and lawful agreements between employers and employees.

Armitage Steel Pty Ltd T/A Armitage Steel 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