DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bisalloy Steels Pty Ltd
(AG2016/1416)

BISALLOY STEELS PTY LTD COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Bisalloy Steels Pty Ltd Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bisalloy Steels Pty Ltd Collective 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 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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bisalloy Steels Pty Ltd is a company that has applied for the approval of a collective agreement made with its employees. The application was brought before the Fair Work Commission, which is responsible for overseeing the approval of such agreements. The dispute at hand revolves around the specifics of the agreement, including its compliance with relevant industrial laws and its fairness to all parties involved.

The legal issues before the court centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated, covered the correct bargaining unit, and was in the best interests of the employees. Additionally, the court had to determine if the agreement adhered to the provisions of the Fair Work Act, particularly concerning the terms and conditions of employment, dispute resolution mechanisms, and procedural fairness.

The Fair Work Commission carefully examined the application and the agreement in question. It considered the evidence provided by both parties and the submissions made during the hearing. The Commission concluded that the agreement was genuinely negotiated and covered the appropriate bargaining unit. Furthermore, it found that the agreement was fair and in the best interests of the employees, as it provided for reasonable terms and conditions of employment and included appropriate dispute resolution processes. The Commission approved the collective agreement, recognising its compliance with the relevant legal framework and its benefits to the employees.

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