Balanar Steel Fabricators Pty Ltd Summary

[2014] FWCA 8315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balanar Steel Fabricators Pty Ltd
(AG2014/9855)

BALANAR STEEL FABRICATIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 29 OCTOBER 2014

Application for approval of the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Balanar Steel Fabricators Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement as lodged with this application contained errors in relation to the name of the employer. The employer was named in the Agreement as ‘Balanar Steel Fabrications Pty Ltd’. The Director of the employer, Mr William Gardiner, has written requesting that the misstating of the employer’s name be corrected as an administrative error. Pursuant to s.586 of the Act, I accept that the name of the employer where appearing in the Agreement is corrected to read ‘Balanar Steel Fabricators Pty Ltd’.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AMWU.

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

[5] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Balanar Steel Fabricators Pty Ltd, represented by its director, applied for the approval of the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Manufacturing Workers' Union, represented by two of its officials, opposed the application. The dispute was heard in the Fair Work Commission.

The legal issues the court had to decide were whether the agreement fulfilled the requirements of section 231 of the Fair Work Act 2009 and if it was in the best interests of the employees. The court had to examine if the agreement provided fair terms and conditions of employment and if it was necessary for the operation of a fair and efficient workplace.

The court found that the agreement met the requirements of section 231 of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided fair terms and conditions of employment and was necessary for the operation of a fair and efficient workplace. The court noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining and protected the rights of employees. The application was approved, and the agreement was registered as a registered agreement under the Fair Work Act 2009.

The final orders of the court were that the Balanar Steel Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect for a period of four years, from the date of registration, and would be subject to the provisions of the Fair Work Act 2009. The court also ordered that the application costs be paid by the applicant within 28 days of the date of the decision.

Balanar Steel Fabricators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established