DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cole Family Trust T/A Newform Steel Fabrications Pty Ltd
(AG2020/3584)

NEWFORM STEEL FABRICATIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 30 DECEMBER 2020

Application for approval of the Newform Steel Fabrications Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Newform Steel Fabrications Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cole Family Trust T/A Newform Steel Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2021. The nominal expiry date of the Agreement is 30 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Cole Family Trust T/A Newform Steel Fabrications Pty Ltd, the dispute arose in the Fair Work Commission. The applicant, Cole Family Trust, trading as Newform Steel Fabrications Pty Ltd, sought approval of the Enterprise Agreement 2020. The Fair Work Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for the proper regulation of employees' working arrangements, including hours of work, classification, remuneration, and conditions of employment, and whether it was free from any unfair content. The Commission had to ensure that the agreement complied with the Fair Work Act and did not disadvantage employees unduly.

The Commission considered various aspects of the agreement, including its coverage, the classification of employees, the provisions for overtime, and the dispute resolution mechanisms. The applicant argued that the agreement was fair and balanced, and that it provided for the proper regulation of working arrangements. The Commission examined the evidence and submissions provided by both parties and assessed whether the agreement met the criteria set out in the Fair Work Act. The Commission found that the agreement was largely fair and balanced, with some minor issues that could be resolved through minor amendments. The Commission concluded that the agreement did not contain any unfair content and was consistent with the principles of the Fair Work Act.

Based on its findings, the Commission approved the Enterprise Agreement 2020, subject to certain minor modifications. The modifications included clarifying the classification of employees, adjusting the provisions for overtime, and strengthening the dispute resolution mechanisms. The Commission noted that the applicant had demonstrated a willingness to negotiate and amend the agreement to address the concerns raised. The Commission's approval of the agreement was based on the overall fairness of the agreement and its compliance with the Fair Work Act. The applicant was required to implement the modifications within a specified timeframe and to provide the Commission with a copy of the amended agreement.

Cole Family Trust T/A Newform Steel Fabrications 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