DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Steel Fixing Pty Ltd
(AG2020/3061)

COASTAL STEELFIXING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 22 OCTOBER 2020

Application for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Coastal Steel Fixing Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 October 2020.

[3] Clauses 16.3.1 (Public Holidays) and 6.1.2 (Abandonment of Employment) of the Agreement appear to be inconsistent with the National Employment Standards (NES), however are remedied by the NES precedence clause in 5(d) of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Steel Fixing Pty Ltd applied to the Fair Work Commission for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2020. The application was made in accordance with section 232 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the enterprise.

The central legal issues for the Commission to determine were whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it provided for fair and reasonable terms and conditions for the employees. Key aspects considered included the procedural fairness in the negotiation of the agreement, its content in terms of pay and conditions, and whether it met the "better off overall test".

The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with appropriate consultation. The content of the agreement was deemed to provide for fair and reasonable terms and conditions, and it satisfied the better off overall test. The Commission approved the enterprise agreement, highlighting the importance of fair negotiation and the need for the agreement to benefit employees overall.

The Fair Work Commission approved the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2020, recognising it as meeting the statutory requirements and providing fair terms for employees. This decision underscores the importance of compliance with the Fair Work Act and the need for enterprise agreements to ensure the interests of employees are protected.

Coastal Steel Fixing 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