DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belconnen Steel Pty Ltd
(AG2015/6894)

BELCONNEN STEEL PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 15 DECEMBER 2015

Application for approval of the Belconnen Steel Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Belconnen Steel Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belconnen Steel Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 December 2015 and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Belconnen Steel Pty Ltd is a steel manufacturing company that sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC) by the company, with a response from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement aimed to regulate various terms and conditions of employment for the company's employees, including wages, hours of work, and dispute resolution mechanisms. The dispute centred on whether the agreement complied with the statutory requirements under the Fair Work Act, particularly concerning the fairness and balance of the agreement and its alignment with the "better off overall test".

The primary legal issue for the FWC to determine was whether the Belconnen Steel Pty Ltd Enterprise Agreement 2015 met the necessary criteria for approval under section 230 of the Fair Work Act. This involved assessing if the agreement was fair and balanced in its terms and conditions, and if it satisfied the "better off overall test" that required employees to be no worse off and at least some employees better off financially. The FWC also had to consider whether the agreement appropriately addressed the needs of both the employer and the employees, ensuring that it was not overly prescriptive or lacking in essential provisions.

The FWC found that the Belconnen Steel Pty Ltd Enterprise Agreement 2015 was fair and balanced, meeting the requirements of the Fair Work Act. The agreement provided for reasonable wages and conditions, and the FWC determined that it satisfied the "better off overall test". The agreement was deemed to appropriately address the needs of both the employer and the employees, ensuring fair and equitable treatment. As a result, the FWC approved the enterprise agreement, affirming its compliance with the statutory requirements.

The final orders of the FWC included the approval of the Belconnen Steel Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees of Belconnen Steel Pty Ltd. The decision underscored the importance of ensuring that enterprise agreements are balanced, fair, and meet the statutory criteria for approval.

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