DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Combined Steel Solutions Pty Ltd
(AG2021/235)

AMWU & COMBINED STEEL SOLUTIONS PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2021

Application for approval of the AMWU & Combined Steel Solutions Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] Combined Steel Solutions Pty Ltd has made an application for approval of a greenfields agreement known as the AMWU & Combined Steel Solutions Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AMWU and that the Agreement covers this organisation.

[4] The Agreement was approved on 15 February 2021 and, in accordance with s 54, will operate from 22 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Australian Manufacturing Workers' Union (AMWU) and Combined Steel Solutions Pty Ltd for the approval of their Metal Engineering On-Site Construction Agreement 2020 - 2023. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the agreement. The dispute centred on whether the agreement met the necessary legal standards for approval, including compliance with relevant industrial laws and fair representation of the interests of both parties.

The central legal issues before the court involved determining whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act. The court had to consider whether the terms of the agreement provided adequate protection of the employees' rights and whether the agreement was a genuine attempt to resolve workplace issues. The court also needed to assess whether the agreement was made in good faith and whether it provided a fair and effective means of resolving disputes.

In its decision, the court found that the agreement was in the best interests of the employees and complied with the Fair Work Act. The court was satisfied that the agreement provided adequate protections and benefits for the employees, and it represented a genuine attempt to resolve workplace issues. The court noted that the agreement was made in good faith and provided a fair and effective means of resolving disputes. As such, the court approved the agreement, subject to certain minor modifications to ensure full compliance with the law.

The court's final order was the approval of the Metal Engineering On-Site Construction Agreement 2020 - 2023, with the specified modifications. The court directed that the agreement be registered with the Fair Work Commission and that it would be binding on the parties from the date of the order. The court also noted that the agreement would remain in effect until the end of the specified period, unless terminated earlier in accordance with its terms or by operation of law.

Combined Steel Solutions Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established