Atlas Steels Pty Ltd T/A Atlas Steels Melbourne

[2018] FWCA 7380

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Atlas Steels Pty Ltd T/A Atlas Steels Melbourne

(AG2018/3360)

Atlas Steels - Victoria Enterprise Agreement 2018

Storage services
Deputy President Colman	MELBOURNE, 4 DECEMBER 2018

Application for approval of the Atlas Steels - Victoria Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Atlas Steels - Victoria Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atlas Steels Pty Ltd T/A Atlas Steels Melbourne. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 December 2018 and, in accordance with s.54, will operate from 11 December 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Atlas Steels Pty Ltd, trading as Atlas Steels Melbourne, brought an application before the Fair Work Commission concerning the approval of the Atlas Steels - Victoria Enterprise Agreement 2018. The dispute centred on the negotiation and terms of the enterprise agreement between the employer and the employees, primarily focusing on the procedural fairness in its formation and the appropriateness of its contents.

The primary legal issue before the court was whether the agreement had been fairly and properly negotiated and if it complied with the relevant statutory requirements under the Fair Work Act 2009. The court had to assess whether the negotiation process adhered to the mandatory requirements and whether the agreement met the criteria for approval under the Act. Additionally, the court considered whether the agreement was consistent with the objectives of the Act, including ensuring that employees had a voice in their workplace.

The Fair Work Commission found that the negotiation process was generally fair, with both parties engaging in good faith and fulfilling their statutory obligations. The agreement itself was comprehensive and covered various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The Commission concluded that the agreement was consistent with the objectives of the Act and approved it, emphasising its compliance with statutory requirements and the fair representation of the interests of both employers and employees.

The Commission's final order was the approval of the Atlas Steels - Victoria Enterprise Agreement 2018, effective from the date of the decision. The agreement was deemed to be binding on all employees and the employer, ensuring that it would govern their employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established