Combined Steel Solutions Pty Ltd

[2024] FWCA 866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Combined Steel Solutions Pty Ltd

(AG2024/539)

AMWU & COMBINED STEEL SOLUTIONS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 8 MARCH 2024

Application for approval of the AMWU & Combined Steel Solutions Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU & Combined Steel Solutions Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Combined Steel Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and Combined Steel Solutions Pty Ltd for approval of a Metal & Engineering On-Site Construction Agreement 2023-2026. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction to hear employment and industrial relations disputes in Australia.

The central legal issue before the Commission was whether the proposed agreement was in compliance with the Fair Work Act 2009, which sets out the framework for workplace relations and the terms of employment in Australia. Specifically, the Commission had to determine if the agreement met the criteria for approval, including that it provided for minimum terms of employment and did not have an adverse effect on the terms and conditions of employment. The Commission also had to consider the extent to which the agreement facilitated flexibility and productivity in the workplace.

The Fair Work Commission found that the proposed agreement was in compliance with the Fair Work Act. The Commission noted that the agreement provided for minimum terms of employment, including pay rates, leave entitlements and maximum weekly hours. The Commission also found that the agreement did not have an adverse effect on the terms and conditions of employment. Furthermore, the Commission found that the agreement facilitated flexibility and productivity in the workplace, for example by allowing for the use of technology and changes to work arrangements. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2023-2026 between the AMWU and Combined Steel Solutions Pty Ltd. The Commission's approval of the agreement provides certainty to employers and employees in the metal and engineering on-site construction industry and helps to ensure that workplace relations are governed by fair and reasonable terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established