DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Structural Steel Pty Ltd T/A Australian Structural Steel
(AG2017/275)

AUSTRALIAN STRUCTURAL STEEL ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2017

Application for approval of the Australian Structural Steel Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Structural Steel Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Structural Steel Pty Ltd T/A Australian Structural Steel. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2017. The nominal expiry date of the Agreement is 7 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Structural Steel Pty Ltd, trading as Australian Structural Steel, applied for the approval of the Australian Structural Steel Enterprise Agreement 2017-2021, which was the subject of a dispute between the company and the union. The application was heard in the Fair Work Commission. The union contested the application, raising concerns about the fairness and effectiveness of the proposed agreement in terms of its provisions and the process by which it was negotiated.

The central legal issues before the Commission involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was made in good faith and whether it contained the minimum entitlements specified in the Act. Furthermore, the Commission considered whether the agreement provided for a fair and effective process for resolving any disputes that might arise during its term.

The Fair Work Commission examined the evidence and submissions from both parties and found that the agreement was made in good faith and contained all the minimum entitlements as required by the Act. The Commission also determined that the agreement provided for a fair and effective process for resolving disputes. Consequently, the Commission approved the application, finding the agreement to be fair and reasonable. The union's concerns about the process and the provisions were addressed and found to be adequately covered by the agreement. As a result, the application for approval of the Australian Structural Steel Enterprise Agreement 2017-2021 was successful.

The Fair Work Commission approved the application and mandated that the Australian Structural Steel Enterprise Agreement 2017-2021 be registered, effective from the date of the decision. This registration ensures that the agreement will be legally binding on all parties involved and will govern the employment conditions for the duration of its term.

Australian Structural Steel Pty Ltd T/A Australian Structural Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established