DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATB Industrial Employment Pty Ltd T/A Industrial Building Systems Pty Ltd
(AG2017/3047)

ATB INDUSTRIAL EMPLOYMENT (STEEL FABRICATION DIVISION) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2017

Application for approval of the ATB Industrial Employment (Steel Fabrication Division) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ATB Industrial Employment (Steel Fabrication Division) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATB Industrial Employment Pty Ltd T/A Industrial Building Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 19 October 2017 and, in accordance with s.54, will operate from 26 October 2017. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, ATB Industrial Employment Pty Ltd T/A Industrial Building Systems Pty Ltd applied for approval of the ATB Industrial Employment (Steel Fabrication Division) Enterprise Agreement 2017. The applicant sought to have the agreement registered with the Fair Work Commission. The dispute involved the terms and conditions of employment for employees within the steel fabrication division of the company.

The primary legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009 for approval. Specifically, the Commission needed to determine if the agreement was properly made, contained the necessary minimum terms, and did not contravene any provisions of the Act. Additionally, the Commission examined whether the agreement was in the interests of fairness and the public interest.

The Commission found that the agreement was properly made, contained the necessary minimum terms, and did not contravene any provisions of the Act. The agreement was found to be fair and in the public interest, as it provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission noted that the agreement had been negotiated in good faith and provided for a fair balance of rights and obligations between the parties. As a result, the Commission approved the agreement and ordered its registration with the Fair Work Commission.

The final order of the Commission was that the ATB Industrial Employment (Steel Fabrication Division) Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. The agreement was to be effective from the date of registration and would apply to employees within the steel fabrication division of the company. The Commission also noted that any disputes arising from the agreement could be referred to the Fair Work Commission for resolution.

ATB Industrial Employment Pty Ltd T/A Industrial Building Systems 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