DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coil Steels Pty Ltd
(AG2021/125)

COIL STEELS ERSKINE PARK ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2021

Application for approval of the Coil Steels Erskine Park Enterprise Agreement 2020.

[1] Coil Steels Pty Ltd has made an application for approval of an enterprise agreement known as the Coil Steels Erskine Park Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Manufacturing Workers’ Union (AMWU), 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 February 2021 and, in accordance with s 54, will operate from 19 February 2021. The nominal expiry date of the Agreement is 13 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coil Steels Pty Ltd applied to the Fair Work Commission for the approval of the Coil Steels Erskine Park Enterprise Agreement 2020, which was the subject of a dispute between the company and its employees. The application was heard by Deputy President R W A Young, who had to determine whether the agreement was in the interests of employees and complied with the relevant legislation. The central legal issues were whether the agreement met the requirements of the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees.

The Deputy President found that the agreement was in the interests of the employees and complied with the Act. The decision was based on a thorough analysis of the evidence presented and the consideration of various factors, including the nature of the enterprise, the bargaining process, and the terms of the agreement. The Deputy President concluded that the agreement provided fair and reasonable terms for the employees, taking into account the economic and social context of the industry. The court also noted that the agreement included provisions for dispute resolution and the protection of employee rights, which were important factors in its approval.

Consequently, the Fair Work Commission approved the Coil Steels Erskine Park Enterprise Agreement 2020, effective from the date of the decision. The agreement was to remain in force until 30 June 2024, subject to any modifications or variations that may be agreed upon by the parties. The Deputy President emphasised the importance of enterprise agreements in providing a framework for fair and effective industrial relations within the enterprise. The decision provides clarity and certainty for both the parties involved and serves as a useful reference for future enterprise agreements in the industry.

Coil Steels 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