DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Steelfixing Australia Pty Ltd
(AG2017/2224)

COASTAL STEELFIXING AUSTRALIA PTY LTD PRE-FAB YARD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2017

Application for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coastal Steelfixing Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 4 July 2017 and, in accordance with s.54, will operate from 11 July 2017. The nominal expiry date of the Agreement is 4 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Coastal Steelfixing Australia Pty Ltd applied for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2017. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute arose between the applicant employer and the union representing the employees. The union opposed the application, raising concerns about the agreement's provisions.

The central legal issues before the Commission involved whether the agreement met the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, provide for a method of resolving disputes, and not contain any provisions that are contrary to public policy. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees.

The Commission found that the agreement complied with the statutory requirements and was made in good faith. It also determined that the terms and conditions provided for in the agreement were fair and reasonable. The Commission emphasised the importance of the agreement in providing for a method of resolving disputes, which was a key concern raised by the union. The Commission concluded that the application should be approved and the agreement registered.

The Fair Work Commission approved the application and registered the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2017. The Commission noted that the agreement provided for a fair and reasonable method of resolving disputes and met all the statutory requirements. The Commission also found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The union's concerns were addressed and the application was approved.

Coastal Steelfixing 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