E & S Steelfix Pty Ltd ATF E & S Steelfix Trust T/A E & S Steelfix

[2013] FWCA 9366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

E & S Steelfix Pty Ltd ATF E & S Steelfix Trust T/A E & S Steelfix
(AG2013/10098)

E & S STEELFIX COLLECTIVE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 NOVEMBER 2013

Application for approval of the E & S Steelfix Collective Agreement 2013 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 November 2013 by E & S Steelfix Pty Ltd ATF E & S Steelfix Trust T/A E & S Steelfix for the approval of a single-enterprise agreement known as the E & S Steelfix Collective Agreement 2013 - 2015 (“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

E & S Steelfix Pty Ltd, trading as E & S Steelfix, sought approval of the E & S Steelfix Collective Agreement 2013-2015 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment of the workers represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the relevant provisions of the Fair Work Act.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval and whether it provided for fair and reasonable terms and conditions of employment. The CFMEU argued that the agreement adequately covered the terms and conditions of employment and was in compliance with the Act. E & S Steelfix contended that certain provisions of the agreement were unreasonable and not in line with the statutory requirements.

In reaching its decision, the Commission examined the agreement in detail, considering the nature of the industry, the bargaining power of the parties, and the terms and conditions proposed in the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission found that the agreement complied with the requirements of the Fair Work Act and approved the E & S Steelfix Collective Agreement 2013-2015. The decision was made in light of the overall fairness of the agreement and its alignment with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established