Coastal Steelfixing Australia Pty Ltd T/A Coastal Steelfixing Australia Pty Ltd

[2023] FWCA 424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Coastal Steelfixing Australia Pty Ltd T/A Coastal Steelfixing Australia Pty Ltd

(AG2023/53)

Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 10 FEBRUARY 2023

Application for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2023.

Coastal Steelfixing Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Agreement lodged contained errors. The Employer has requested that the Commission exercise its discretion to correct these errors pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. As a result, in Appendix A of the Agreement, “Steelfixer/Second Class Welder/Gantry Crane Up to 5T(C11)” has been amended to “Cage Maker/Second Class Welder/Gantry Crane”.

The Agreement was approved on 10 February 2023 and, in accordance with s.54, will operate from 17 February 2023. The nominal expiry date of the Agreement is 10 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Steelfixing Australia Pty Ltd T/A Coastal Steelfixing Australia Pty Ltd applied to the Fair Work Commission for approval of the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2023. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), recognised as a registered agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was made in good faith and whether it provided for a fair and efficient workplace. The Commission also had to consider whether the agreement contained all the mandated terms and conditions as per the Act, and whether it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The Commission determined that all mandated terms and conditions were included in the agreement, and it was in the best interests of the employees. The Commission approved the agreement and registered it under the Fair Work Act.

The Fair Work Commission ordered that the Coastal Steelfixing Australia Pty Ltd Pre-Fab Yard Enterprise Agreement 2023 be registered as a registered agreement under section 178 of the Fair Work Act. The agreement will now apply to the employees covered by it, and it will remain in effect until it is terminated, varied or replaced in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established