B & E Steel Fixing Pty Ltd

[2014] FWCA 8231

FAIR WORK COMMISSION

DECISION

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

B & E Steel Fixing Pty Ltd
(AG2014/7993)

B & E STEEL FIXING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 NOVEMBER 2014

Application for approval of the B & E Steel Fixing Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 October 2014 by B & E Steel Fixing Pty Ltd for the approval of a single-enterprise agreement known as the B & E Steel Fixing Enterprise Agreement 2014(“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B & E Steel Fixing Pty Ltd recently had its Enterprise Agreement 2014 put before the Fair Work Commission for approval. The applicant, B & E Steel Fixing, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal criteria for approval, particularly in relation to its compliance with the Act's provisions concerning fair terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and if it included adequate mechanisms for the resolution of disputes. The applicant argued that the agreement was fair and reasonable and included appropriate dispute resolution mechanisms. The Commission needed to determine if these claims were substantiated and whether the agreement met the statutory requirements.

The Fair Work Commission examined the agreement in detail, considering the arguments presented by both parties. The Commission found that the agreement was fair and reasonable, as it provided for terms and conditions that were not worse off than the relevant national employment standards. Additionally, the agreement included provisions for dispute resolution that were deemed adequate under the Act. As a result, the Commission approved the B & E Steel Fixing Enterprise Agreement 2014.

The final orders of the Commission were that the Enterprise Agreement 2014 be approved as a registered agreement, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement are now legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established