DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bisalloy Steels Pty Ltd
(AG2018/5273)

BISALLOY STEELS PTY LTD COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 12 APRIL 2019

Application for approval of the Bisalloy Steels Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bisalloy Steels Pty Ltd Collective 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 Bisalloy Steels Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU), the “Australian Workers’ Union – New South Wales (AWU-NSW)”, the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Division – New South Wales Branch (CEPU)” have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 8 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager Operations, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bisalloy Steels Pty Ltd sought approval of the Bisalloy Steels Pty Ltd Collective Agreement 2018. The application was brought by the Australian Manufacturing Workers Union, the employer's representative, and the employer. The dispute centred around the terms and conditions of employment within the collective agreement, specifically whether it complied with relevant legislative and regulatory frameworks. The court was tasked with determining if the agreement was fair and reasonable and if it adhered to the necessary standards set forth in the Fair Work Act 2009.

The primary legal issues revolved around the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to assess whether the collective agreement met the criteria for approval, including ensuring that it provided for fair and reasonable terms and conditions of employment, did not undermine the right to freedom of association, and did not discriminate against any person or group. Additionally, the court examined if the agreement addressed the employer's need for operational flexibility while maintaining employee protections.

After thorough deliberation, the court found that the collective agreement was fair and reasonable, meeting all legislative requirements. The agreement provided for appropriate terms and conditions that balanced the interests of both the employer and the employees. It ensured that employees had protections against unfair dismissal and other unfair treatment, while also allowing the employer to maintain operational flexibility. The court concluded that the agreement did not undermine the right to freedom of association and did not discriminate against any group.

As a result, the Fair Work Commission approved the Bisalloy Steels Pty Ltd Collective Agreement 2018, effective from the date of the decision. The agreement was deemed to comply with all necessary legal standards and was considered fair and reasonable for both the employer and the employees. The decision reinforced the importance of balancing the interests of employers and employees within the framework of the Fair Work Act 2009.

Bisalloy Steels 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