DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Steel Mill Services Pty Ltd
(AG2020/2021)

AUSTRALIAN STEEL MILL SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 AUGUST 2020

Application for approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Australian Steel Mill Services Pty Limited Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Steel Mill Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2020. The nominal expiry date of the Agreement is 1 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Steel Mill Services Pty Ltd (the employer) sought approval for the Australian Steel Mill Services Pty Limited Enterprise Agreement 2020 (the Agreement). The applicant argued that the Agreement contained terms and conditions that were necessary for the efficient operation of its business. The respondent, the Australian Manufacturing Workers' Union, raised objections to specific provisions within the Agreement, claiming that they were not fair and reasonable, and did not comply with the relevant legislation.

The legal issues that the Commission was required to decide centred around whether the provisions in the Agreement were consistent with the applicable provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the provisions relating to wage rates, overtime, and shift allowances were fair and reasonable, and if they complied with the requirements set out in the Act. The Commission also considered whether the Agreement met the criteria for being a "single interest" enterprise agreement and if it provided for the proper protection of employees' interests.

After considering the submissions from both parties and the relevant legislative provisions, the Commission found that the provisions in the Agreement were fair and reasonable, and were in compliance with the Act. The Commission held that the provisions relating to wage rates, overtime, and shift allowances were appropriate for the particular industry and circumstances of the employer. The Commission also found that the Agreement met the criteria for being a "single interest" enterprise agreement and provided for the proper protection of employees' interests. As a result, the Commission approved the Agreement.

In light of the findings, the Commission ordered the approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2020. The Agreement was to be registered with the Fair Work Commission and would have effect from the date of registration. The employer was directed to provide a copy of the approved Agreement to the relevant employees and to take all necessary steps to give effect to the terms and conditions contained within the Agreement.

Australian Steel Mill Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established