Coil Steels Pty Ltd

[2025] FWCA 1527

[2025] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coil Steels Pty Ltd

(AG2025/1212)

COIL STEELS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PROCESSING MELBOURNE ENTERPRISE AGREEMENT 2025-2028

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 22 MAY 2025

Application for approval of the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2025-2028

1. Coil Steels Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2025-2028 (the Agreement).

1. The Australian Workers’ Union, 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.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 18.1 of the Agreement states that employees may take up to 10 days’ personal/carers leave each year of completed service, as required. This appears inconsistent with the NES which does not cap the amount of personal leave that can be taken subject to an employee having accrued more than 10 days leave.

• Clauses 25.3 of the Agreement states that the absence of an employee from work for a continuous period exceeding three working days without consent from the company and without notification to the company shall be prima facie evidence that the employee has abandoned their employment. It is unclear whether employees receive notice of termination as required by s.117 of the Act.

1. However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 27 of the Agreement, relating to wage rates, did not contain wage rates for New Starter employees. The Employer provided an undertaking to resolve this concern.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking referred to above, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2025. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

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Annexure A