Cairns Steel Fabricators

[2013] FWCA 1149

FAIR WORK COMMISSION

DECISION

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

Cairns Steel Fabricators
(AG2013/4381)

CAIRNS STEEL FABRICATORS PTY LTD ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2013

Application for approval of the Cairns Steel Fabricators Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Steel Fabricators Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cairns Steel Fabricators Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 14 February 2013 an undertaking was provided by Mr Sean Adams of Cairns Steel Fabricators Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 26 February 2013. The nominal expiry date of the agreement is 1 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Cairns Steel Fabricators Pty Ltd applied for approval of their enterprise agreement for the years 2013 to 2016. The application was made before the Fair Work Commission. The Fair Work Commission is responsible for overseeing the approval of enterprise agreements to ensure they comply with the Fair Work Act 2009. The applicant, Cairns Steel Fabricators, sought to have their proposed agreement, which aimed to set out the terms and conditions of employment for their employees, approved by the Commission. The Commission's role was to assess whether the agreement met the legislative requirements and provided a fair and reasonable outcome for the employees involved.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the 'better-off-overall test', which requires that the agreement be at least as good as the applicable award or other relevant agreement, and whether it provided for a reasonable balance between the interests of employers and employees. Additionally, the Commission had to consider whether the agreement provided for proper consultation processes, was free from any undue influence or coercion, and did not discriminate against any group of employees.

In examining the application, the Commission considered various factors, including the evidence provided by both the employer and the employees' representatives, and the content of the proposed agreement. The Commission noted that the agreement contained provisions that were largely consistent with the relevant award and provided for a number of improvements to the employees' conditions. The Commission found that the agreement provided for a reasonable balance between the interests of the employer and employees, and that the consultation processes had been conducted appropriately. The Commission concluded that the agreement met the requirements of the Fair Work Act 2009 and approved the Cairns Steel Fabricators Pty Ltd Enterprise Agreement 2013-2016.

The Fair Work Commission approved the Cairns Steel Fabricators Pty Ltd Enterprise Agreement 2013-2016, finding that it met the legislative requirements of the Fair Work Act 2009. The Commission determined that the agreement provided a fair and reasonable outcome for the employees, and that it met the 'better-off-overall test'. The Commission also found that the consultation processes had been conducted appropriately and that the agreement did not contain any discriminatory provisions. As a result, the agreement was approved and will govern the terms and conditions of employment for the employees of Cairns Steel Fabricators Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established