Atlas Specialty Metals Pty Ltd T/A Atlas Steels Melbourne

[2014] FWCA 7564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Atlas Specialty Metals Pty Ltd T/A Atlas Steels Melbourne
(AG2014/9254)

ATLAS STEELS - VICTORIA ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Atlas Steels - Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Steels - Victoria Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Specialty Metals Pty Ltd T/A Atlas Steels Melbourne (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 13 October 2014. On 17 October 2014 I received a signed undertaking in response to the queries from David Anderson, Service Centre Manager for the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Transport Workers’ Union of Australia and The Australian Workers’ Union have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the two organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant Atlas Specialty Metals Pty Ltd, trading as Atlas Steels Melbourne, applied for an approval of the Atlas Steels - Victoria Enterprise Agreement 2014. The application was made pursuant to section 231 of the Fair Work Act 2009, with the primary dispute being whether the agreement met the criteria for approval as a single interest employer agreement. The Fair Work Commission was tasked with determining if the agreement was in the best interests of the employees and if it adhered to the legislative requirements.

The legal issues before the Commission involved the interpretation of the provisions of the Fair Work Act 2009, particularly concerning the criteria for the approval of single interest employer agreements. The key issues included whether the agreement provided for fair and reasonable terms and conditions for the employees, if it was in their best interests, and if it complied with the procedural requirements for approval. Additionally, the Commission had to consider the nature of the enterprise, the process of bargaining, and the fairness of the terms and conditions outlined in the agreement.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the Atlas Steels - Victoria Enterprise Agreement 2014 met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, in the best interests of the employees, and complied with the procedural requirements of the Fair Work Act 2009. The Commission noted the thoroughness of the bargaining process and the fairness of the terms and conditions provided for in the agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Atlas Steels - Victoria Enterprise Agreement 2014, effective from 1st January 2015. The Commission's decision was based on the evidence presented and the conclusion that the agreement met the statutory criteria for approval. This decision provides clarity and legal certainty for both the employer and the employees involved in the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established