DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bohler Uddeholm (Australia) Pty Ltd
(AG2015/3250)

BOHLER UDDEHOM (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER LEE	MELBOURNE, 22 JULY 2015

Application for approval of the Bohler Uddeholm (Australia) Pty Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bohler Uddeholm (Australia) Pty 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 Bohler Uddeholm (Australia) 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.

[3] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 July 2015 and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bohler Uddeholm (Australia) Pty Ltd was the subject of an application for approval of the Bohler Uddeholm (Australia) Pty Enterprise Agreement 2015, heard by the Fair Work Commission. The dispute arose between the company and its employees, represented by the Australian Manufacturing Workers' Union, concerning the terms and conditions of employment outlined in the proposed agreement. The primary concern was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement was genuinely negotiated, whether it met the procedural requirements for approval, and if it provided for fair and reasonable terms and conditions of employment. The court had to consider submissions from both parties, as well as any relevant provisions of the Fair Work Act and associated regulations. Additionally, the court examined whether the agreement was in the public interest and whether it complied with the requirements for a fair and reasonable enterprise agreement.

In its decision, the Fair Work Commission found that the Bohler Uddeholm (Australia) Pty Enterprise Agreement 2015 was genuinely negotiated and met the procedural requirements for approval. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and it was in the public interest. The court found that the agreement complied with all relevant provisions of the Fair Work Act and associated regulations. Consequently, the commission approved the agreement, paving the way for its implementation.

The final orders of the court included the approval of the Bohler Uddeholm (Australia) Pty Enterprise Agreement 2015, which would now govern the terms and conditions of employment for the relevant employees. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. This decision marked the resolution of the dispute, allowing the agreement to take effect and regulate the industrial relationship between Bohler Uddeholm (Australia) Pty Ltd and its employees.

Bohler Uddeholm (Australia) 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