AWI Steel Pty Ltd

[2014] FWCA 7735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AWI Steel Pty Ltd
(AG2014/7572)

AWI STEEL PTY. LTD ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 OCTOBER 2014

Application for approval of the AWI Steel Pty. Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the of AWI Steel Pty. Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by AWI Steel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 November 2014. The nominal expiry date of the Agreement is 7 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AWI Steel Pty Ltd, applied for the approval of the AWI Steel Pty Ltd Enterprise Agreement 2014-2018. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and was intended to be a genuine enterprise agreement. The legal issues before the Commission were whether the agreement was appropriately made, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements of the Act.

The Commission considered the evidence and submissions from both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the procedural requirements of the Act were followed and that the agreement was appropriately made. The Commission approved the AWI Steel Pty Ltd Enterprise Agreement 2014-2018, finding that it met all the statutory requirements for approval under the Act.

The applicant's application was therefore successful. The Fair Work Commission approved the AWI Steel Pty Ltd Enterprise Agreement 2014-2018, finding that it was a genuine enterprise agreement that met all the necessary requirements under the Fair Work Act 2009. The agreement will now be binding on the parties and will regulate their employment relationship for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established