Coil Steels Pty Ltd Summary

[2018] FWCA 173

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Coil Steels Pty Ltd

(AG2017/5859)

Coil Steels Erskine Park Agreement 2017

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 9 JANUARY 2018

Application for approval of the Coil Steels Erskine Park Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Coil Steels Erskine Park 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 Coil Steels Pty Ltd. The agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval have been met.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 9 January 2018 and, in accordance with s.54, will operate from 16 January 2018. The nominal expiry date of the Agreement is 13 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coil Steels Pty Ltd recently faced a decision by the Fair Work Commission in relation to the approval of the Coil Steels Erskine Park Agreement 2017. The application for approval was brought by Coil Steels, and it concerned a proposed enterprise agreement affecting employees working at the Erskine Park facility. The nature of the dispute was centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to warrant approval and registration by the Fair Work Commission.

The legal issues before the Commission involved the examination of the agreement’s provisions against the statutory criteria for approval. These criteria included whether the agreement provided for a fair and reasonable method for resolving disputes, the process followed in the negotiation of the agreement, and whether the agreement adequately covered the matters it purported to address. Additionally, the Commission considered whether the agreement was free from any illegality or contrary to public policy.

In its reasoning, the Commission found that the agreement largely complied with the statutory requirements for approval. The process of negotiation appeared to be fair and reasonable, and the methods for dispute resolution were deemed to be adequate. The Commission also noted that the agreement covered all necessary matters and was free from illegality or contrary to public policy. The Commission was satisfied that the agreement met the statutory standards for approval under the Fair Work Act. Consequently, the Commission approved the Coil Steels Erskine Park Agreement 2017 and ordered its registration.

Coil Steels Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established