Australian Steel Mill Services Pty Limited Summary

[2014] FWCA 5579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Steel Mill Services Pty Limited
(AG2014/1883)

AUSTRALIAN STEEL MILL SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2014

Application for approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Steel Mill Services Pty Limited Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Australian Steel Mill Services Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Steel Mill Services Pty Limited, sought approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2014. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was the court in which the matter was heard. The dispute involved the terms and conditions of employment for workers in the steel industry, specifically those employed by the applicant.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including compliance with the "better off overall test," and whether it was fairly and properly negotiated. The Commission had to determine if the proposed agreement provided for fair and reasonable terms and conditions, and whether it met the statutory requirements for approval.

The Commission found that the agreement met the better off overall test, as it provided for a fair and reasonable outcome for the employees. It was also satisfied that the agreement had been fairly and properly negotiated, with evidence of genuine consultation and consideration of the parties' interests. The Commission approved the agreement, highlighting the importance of the terms and conditions in the context of the industry and the need for a balanced approach to the interests of both employers and employees.

The final orders included the approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2014, which would now be binding on the parties and their employees. The agreement was to be registered with the Fair Work Commission, and any disputes arising from its interpretation or implementation would be subject to the jurisdiction of the Fair Work Commission or the Federal Court of Australia.

Australian Steel Mill Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established