DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWI Steel Pty Limited
(AG2019/145)

AWI STEEL PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the AWI Steel Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AWI Steel Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by AWI Steel Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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 13 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AWI Steel Pty Limited, sought approval of the AWI Steel Pty Ltd Enterprise Agreement 2019-2023. The dispute arose as the applicant wished to implement certain changes to the agreement, which was initially entered into in 2019, and now required approval under the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the basis that certain provisions of the proposed agreement were contrary to public policy and not genuinely agreed upon by the parties.

The central legal issues before the Commission were whether the proposed changes to the agreement were genuinely bargained for and whether they contravened public policy. Specifically, the Commission had to consider whether the proposed changes to penalty rates and shift allowances were the result of genuine bargaining between the parties, and whether the proposed changes to the definition of "hours worked" and "overtime" would have the effect of disadvantaging employees.

The Commission found that the proposed changes to the agreement were genuinely bargained for and did not contravene public policy. The Commission noted that the changes to penalty rates and shift allowances were the result of negotiations between the parties and were not imposed unilaterally by the applicant. The Commission also found that the proposed changes to the definition of "hours worked" and "overtime" did not disadvantage employees and were consistent with other enterprise agreements in the industry. The Commission approved the application and registered the AWI Steel Pty Ltd Enterprise Agreement 2019-2023.

The Fair Work Commission approved the application and registered the AWI Steel Pty Ltd Enterprise Agreement 2019-2023. The Commission found that the proposed changes to the agreement were the result of genuine bargaining between the parties and did not contravene public policy. The Commission noted that the changes to penalty rates and shift allowances were negotiated between the parties and were not imposed unilaterally by the applicant. The Commission also found that the proposed changes to the definition of "hours worked" and "overtime" did not disadvantage employees and were consistent with other enterprise agreements in the industry. The Commission registered the agreement, and it will now apply to the employees of AWI Steel Pty Limited.

AWI Steel Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established