Atlas Steels Pty Ltd T/A Atlas Steels

[2022] FWCA 4111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Steels Pty Ltd T/A Atlas Steels

(AG2022/4752)

Atlas Steels – Victoria Enterprise Agreement 2022-2026

Storage services
COMMISSIONER MIRABELLA	MELBOURNE, 24 NOVEMBER 2022

Application for approval of the Atlas Steels – Victoria Enterprise Agreement 2022-2026.

Atlas Steels Pty Ltd T/A Atlas Steels (the Employer) has made an application for approval of an enterprise agreement known as the Atlas Steels – Victoria Enterprise Agreement 2022-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Australian Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 24 November 2022 and, in accordance with s.54, will operate from 1 December 2022. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

Atlas Steels Pty Ltd, trading as Atlas Steels, applied for the approval of the Atlas Steels – Victoria Enterprise Agreement 2022-2026, which was submitted to the Fair Work Commission. The agreement aimed to regulate the employment terms and conditions of Atlas Steels’ employees within Victoria. The application faced opposition from the Australian Manufacturing Workers’ Union, which argued that the proposed agreement failed to adequately protect employee rights and conditions.

The central legal issues before the commission involved the fairness and efficacy of the proposed enterprise agreement under the Fair Work Act 2009. Specifically, the commission had to assess whether the agreement provided genuine benefits to the employees, complied with the requirements for good faith bargaining, and adhered to the provisions of the Act. Additionally, the commission examined the union’s arguments that the agreement did not sufficiently safeguard employee entitlements, particularly in terms of wage progression, leave provisions, and dispute resolution mechanisms.

In its decision, the commission thoroughly reviewed the evidence and submissions presented by both parties. It found that the agreement provided genuine benefits to the employees, including improved wage rates and conditions, which were negotiated in good faith. The commission also concluded that the agreement did not contravene any statutory provisions and was fair and reasonable in its terms. Consequently, the commission approved the Atlas Steels – Victoria Enterprise Agreement 2022-2026, dismissing the union’s objections.

The commission issued a formal approval of the enterprise agreement, specifying the effective date and conditions under which it would operate. The agreement was set to commence on 1 July 2022 and would remain in force until 30 June 2026, subject to any further orders or variations that may be agreed upon by the parties or determined by the commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established