DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Steel Mill Services Pty Ltd
(AG2017/4286)

AUSTRALIAN STEEL MILL SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Steel Mill Services Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Steel Mill Services Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Steel Mill Services Pty Ltd and the Australian Manufacturing Workers' Union, sought approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2017 from the Fair Work Commission. The respondents, including several individuals, challenged the agreement's provisions on the basis that it contravened various sections of the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which is tasked with overseeing the approval and enforcement of enterprise agreements in Australia.

The key legal issues before the Commission involved whether certain clauses in the agreement were consistent with the Fair Work Act. Specifically, the respondents argued that the agreement failed to adequately address minimum wage rates, penalty rates, and other terms that should have been included under the Act. The applicants contended that the agreement was in compliance with the statutory requirements and that the respondents' objections were without merit.

The Commission considered the arguments presented by both parties and examined the relevant provisions of the Fair Work Act. It found that while some of the respondents' concerns were valid, the agreement as a whole complied with the necessary statutory requirements. The Commission approved the agreement with certain modifications to address the respondents' legitimate concerns, ensuring that all employees would receive fair and reasonable terms under the Act.

The Commission ordered the approval of the Australian Steel Mill Services Pty Limited Enterprise Agreement 2017, subject to the modifications made to address the respondents' concerns. The agreement was to be registered with the Fair Work Ombudsman and would come into effect on the date of the Commission's decision.

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