DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BE Steel Fixing Pty Ltd
(AG2016/1824)

BE STEEL FIXING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the BE Steel Fixing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BE Steel Fixing Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BE Steel Fixing Pty Ltd. 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 12 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the Fair Work Commission considered an application for the approval of the BE Steel Fixing Pty Ltd Enterprise Agreement 2016. The application was brought by BE Steel Fixing Pty Ltd, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration as a certified agreement. The nature of the dispute was primarily about the procedural fairness and compliance of the agreement with the relevant statutory requirements.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, whether it contained the minimum terms and conditions required by law, and whether it was appropriately certified. Additionally, the Commission considered whether the agreement appropriately dealt with issues such as wages, conditions of employment, and any other matters relevant to the bargaining process. The fairness of the agreement's terms and its compliance with the procedural requirements of the Fair Work Act were also central to the decision.

The Commission examined the evidence presented by both parties and assessed the agreement against the statutory framework. The evidence demonstrated that the agreement was the product of genuine negotiations between the employer and the union, and it contained all the mandatory terms and conditions required by law. The Commission also found that the process followed in reaching the agreement was fair and transparent. Consequently, the Commission approved the agreement, finding it met the necessary legal criteria. The Commission highlighted the importance of ensuring that certified agreements are not only legally compliant but also reflect fair and reasonable terms for both employers and employees.

BE Steel Fixing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established