DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bisalloy Steels Pty Ltd
(AG2020/2607)

BISALLOY STEELS PTY LTD COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 OCTOBER 2020

Application for approval of the Bisalloy Steels Pty Ltd Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Bisalloy Steels Pty Ltd Collective Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bisalloy Steels Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

(a) Australian Manufacturing Workers’ Union;

(b) Australian Workers’ Union; and

(c) Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Court involved an application for the approval of the Bisalloy Steels Pty Ltd Collective Agreement 2020. The parties to the dispute were Bisalloy Steels Pty Ltd, represented by their employer's advocate, and the Transport Workers Union of Australia, represented by an employee's advocate. The central issue was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on the need for the agreement to be in writing and to provide for genuine bargaining.

The Court examined the application and the agreement to determine if it met the statutory requirements. A key consideration was whether the agreement had been genuinely negotiated between the parties, as mandated by the Fair Work Act. The Court also assessed whether the agreement provided adequate protections and benefits for the employees, ensuring it complied with minimum standards and did not undermine existing rights.

After reviewing the evidence and submissions from both parties, the Court found that the Bisalloy Steels Pty Ltd Collective Agreement 2020 was appropriately negotiated and documented in writing. The Court concluded that the agreement provided for genuine bargaining and met the necessary statutory requirements. Consequently, the Court approved the collective agreement, ensuring it would come into effect as per the terms outlined.

The final orders of the Court were that the Bisalloy Steels Pty Ltd Collective Agreement 2020 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval signifies the agreement's validity and enforceability, providing a framework for the terms and conditions of employment between the employer and 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