DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belconnen Steel Pty Ltd
(AG2018/6661)

BELCONNEN STEEL PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 16 MAY 2019

Application for approval of the Belconnen Steel Pty Ltd Enterprise Agreement 2018.

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

[2] The Employer 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 application was not lodged within 14 days after the agreement was made. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2019. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Belconnen Steel Pty Ltd was involved in an application before the Fair Work Commission seeking approval for the Belconnen Steel Pty Ltd Enterprise Agreement 2018. The applicant, Belconnen Steel, sought to have the agreement recognised as meeting the requirements under the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement and whether it complied with the statutory obligations imposed by the legislation.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement contained the required minimum terms and conditions, ensuring it did not adversely affect the safety and health of employees, and confirming that it was not contrary to public policy. Additionally, the Commission needed to determine if the agreement had been made in good faith and whether the process of its creation met the legal standards for genuine bargaining.

In delivering its decision, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. The Commission also determined that the agreement did not pose any health and safety risks to employees and did not contravene any public policy considerations. Moreover, the Commission was satisfied that the agreement had been made in good faith and that the bargaining process adhered to the legislative requirements. Consequently, the Commission approved the Belconnen Steel Pty Ltd Enterprise Agreement 2018, deeming it compliant with all statutory requirements.

As a result of the decision, the Fair Work Commission approved the Belconnen Steel Pty Ltd Enterprise Agreement 2018. The agreement was now legally binding and enforceable under the Fair Work Act, providing the terms and conditions of employment for the employees of Belconnen Steel. This outcome ensured that the agreement would operate as intended, providing a framework for the employment relationship between the company and its workforce, subject to the terms set out in the approved agreement.

Belconnen Steel 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