DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beenleigh Steel Fabrications Pty Ltd
(AG2018/2315)

THE BEENLEIGH STEEL FABRICATIONS PTY LTD WORKSHOP AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 17 AUGUST 2018

Application for approval of the Beenleigh Steel Fabrications Workshop Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications Pty Ltd Workshop Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beenleigh Steel Fabrications Pty Ltd. The agreement is a single enterprise agreement.

[2] On 15 August 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided a copy of the voting information distributed to employees, and an undertaking which adopted the model consultation term, substituted a reference to the National Employment Standards in lieu of the Australian Fair Pay and Conditions Standard in Clause 12.1 and incorporated details of the applicable wage rates.

[4] The model consultation term will be adopted pursuant to s.205(2) of the Act to be a term of the agreement.

[5] No bargaining representatives were appointed. I have accepted the undertaking provided by the employer. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Beenleigh Steel Fabrications Pty Ltd, the Fair Work Commission was asked to approve a workplace agreement that had been negotiated between the employer and the union. The union, representing the workers, and the employer, a steel fabrication business, had reached an agreement regarding various terms and conditions of employment. The dispute arose from the need to ensure that the agreement complied with the applicable industrial relations laws, particularly the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement was genuinely negotiated, whether it provided for proper minimum terms and conditions, and whether it complied with other statutory provisions. The Commission also had to consider if the agreement was in the best interests of the employees, taking into account the balance of rights and obligations and the overall fairness of the terms.

After considering the submissions from both parties and reviewing the terms of the agreement, the Commission found that the Beenleigh Steel Fabrications Workshop Agreement 2018 met the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated, provided for the mandated minimum terms and conditions, and was in the best interests of the employees. Consequently, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act.

The Commission's decision concluded with the formal approval of the Beenleigh Steel Fabrications Workshop Agreement 2018, which would now govern the employment terms and conditions for the workers at the company. This outcome ensured that both the employer and the employees had a clear and legally binding agreement to follow, while also upholding the principles of fairness and genuine negotiation required by the Fair Work Act.

Beenleigh Steel Fabrications 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