DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coil Steels Pty Ltd
(AG2020/1500)

COIL STEELS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION PROCESSING MELBOURNE ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 16 JUNE 2020

Application for approval of the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2020-2023.

[1] Application has been made by the Commonwealth of Australia (Australian Bureau of Statistics) for approval of a single enterprise agreement known as the Coil Steels Pty Ltd and The Australian Workers’ Union Processing Melbourne Enterprise Agreement 2020-2023 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2020. The nominal expiry date of the Agreement is 31 January 2023.

[4] The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coil Steels Pty Ltd and The Australian Workers' Union, Melbourne Processing Enterprise Branch sought approval of their enterprise agreement. The application was made in the Fair Work Commission. The Australian Competition and Consumer Commission opposed the application on the basis that it contravened the "better off overall test". The Commission was required to decide whether the proposed agreement met the requirements of the Fair Work Act 2009, including the better off overall test, and whether the agreement was in the interests of the employees.

The Commission found that the agreement met the better off overall test and was in the interests of the employees. The Commission noted that the agreement provided for a number of improvements in pay and conditions for the employees, including a pay increase, improved leave entitlements, and additional rest breaks. The Commission also found that the agreement did not have an adverse effect on the competitiveness of the employer or the industry. The Commission concluded that the proposed agreement was in the interests of the employees and should be approved.

Accordingly, the Commission approved the application for the enterprise agreement to be registered. The agreement will now be in effect from 1 January 2020 until 31 December 2023, subject to the terms and conditions set out in the agreement. The parties are bound by the agreement and must comply with its terms.

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