Australian Structural Steel Pty Ltd

[2021] FWCA 6878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Structural Steel Pty Ltd
(AG2021/8209)

AUSTRALIAN STRUCTURAL STEEL PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 NOVEMBER 2021

Application for approval of the Australian Structural Steel Pty Ltd Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the Australian Structural Steel Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 28 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Structural Steel Pty Ltd applied for the approval of the Australian Structural Steel Pty Ltd Enterprise Agreement 2021 - 2025. The dispute centred around the terms and conditions of employment for the employees within the company. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act. This included assessing if the agreement had been genuinely negotiated, if it provided for a safety net of minimum entitlements, and if it adhered to the provisions of the Act concerning the terms and conditions of employment.

Upon reviewing the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and contained provisions that met the minimum entitlements required by law. The Commission concluded that the agreement was in compliance with the Fair Work Act and approved it. The approval was based on the satisfaction that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it did not undermine the safety net provided by the Act.

The final order of the Commission was to approve the Australian Structural Steel Pty Ltd Enterprise Agreement 2021 - 2025, effective from the date of the decision. This approval meant that the agreement would now be the governing document for the employment conditions of the employees within the company for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established