DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dependable Steel Unit Trust T/A Dependable Steel Fixing Pty Ltd
(AG2015/1798)

DEPENDABLE STEEL FIXING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 FEBRUARY 2015

Application for approval of the Dependable Steel Fixing Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dependable Steel Fixing Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dependable Steel Unit Trust T/A Dependable Steel Fixing Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Dependable Steel Unit Trust T/A Dependable Steel Fixing Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2015. The nominal expiry date of the Agreement is 23 February 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Dependable Steel Unit Trust, trading as Dependable Steel Fixing Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under section 233 of the Fair Work Act 2009. The respondents to the application were the Australian Manufacturing Workers' Union and the Electrical Trades Union. The nature of the dispute involved the terms and conditions of employment for the workers covered by the proposed enterprise agreement.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for terms and conditions of employment that met the "better off overall test" under section 230 of the Act. The Commission also had to assess if the agreement complied with the provisions of the Act concerning procedural fairness and good faith bargaining.

The Fair Work Commission found that the proposed enterprise agreement met the better off overall test, as it provided for terms and conditions of employment that were no worse than those provided for in the relevant awards, and also included additional benefits for the employees. The Commission also determined that the agreement was made in good faith and that the necessary procedural fairness was observed during its formation. Consequently, the Fair Work Commission approved the Dependable Steel Fixing Pty Ltd Enterprise Agreement 2014 under section 233 of the Fair Work Act 2009. The approval was effective from the date of the Commission's decision.

Dependable Steel Unit Trust T/A Dependable Steel Fixing Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established