DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Atlas Steels Pty Ltd T/A Metal Centre Australia
(AG2018/1372)

ATLAS STEELS PTY LTD NSW ENTERPRISE AGREEMENT 2017-2020

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 18 JULY 2018

Application for approval of the Atlas Steels Pty Ltd NSW Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Atlas Steels Pty Ltd NSW Enterprise Agreement 2017-2020 (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 Metal Centre Australia. 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.

[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 National Union of Workers 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 17 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Atlas Steels Pty Ltd NSW Enterprise Agreement 2017-2020. Atlas Steels Pty Ltd, trading as Metal Centre Australia, sought approval of the agreement which had been negotiated with the Metal Trades Union of Australia. The dispute primarily revolves around whether the agreement complies with the Fair Work Act 2009 and the procedural fairness principles applicable to enterprise agreements.

The central legal issues before the Commission were whether the agreement was fairly negotiated, complied with statutory requirements, and whether the process by which it was negotiated was procedurally fair. Specifically, the Commission needed to determine if Atlas Steels Pty Ltd, as the employer, had complied with the mandatory negotiation requirements and whether the agreement contained all the required minimum terms and conditions of employment. Additionally, the Commission had to assess if the union's process of negotiation was fair and if the agreement met the 'better off overall test', ensuring employees were not worse off.

The Commission found that the agreement had been fairly negotiated and met all statutory requirements. It noted that Atlas Steels Pty Ltd had engaged in good faith negotiations with the union and provided comprehensive documentation of the negotiation process. The Commission was satisfied that the agreement contained all the required minimum terms and conditions and met the better off overall test. The union's process was deemed procedurally fair, and the Commission concluded that the agreement was in the best interests of the employees. Consequently, the Commission approved the Atlas Steels Pty Ltd NSW Enterprise Agreement 2017-2020.

The Fair Work Commission approved the Atlas Steels Pty Ltd NSW Enterprise Agreement 2017-2020, affirming that it met all legislative requirements and was fairly negotiated. The Commission's decision underscores the importance of adhering to statutory obligations and ensuring procedural fairness in the negotiation process. This approval solidifies the agreement's validity and applicability for the specified period, providing a framework for the employment terms and conditions of the parties involved.

Atlas Steels Pty Ltd T/A Metal Centre Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established