DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emersteel Trust T/A Emersteel Fabricators Pty Ltd
(AG2018/5658)

EMERSTEEL COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Emersteel Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Emersteel Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emersteel Trust T/A Emersteel Fabricators 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Emersteel Trust T/A Emersteel Fabricators Pty Ltd, which applied for approval of the Emersteel Collective Agreement 2018. The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court was tasked with determining whether the collective agreement complied with the requirements of section 233 of the Fair Work Act, specifically whether it contained the necessary good faith bargaining provisions, and if the agreement was made in good faith. Additionally, the court examined whether the agreement was consistent with the principles of the Act and whether it provided for the proper management and resolution of workplace issues.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission noted that the agreement included the necessary good faith bargaining provisions and that the parties had engaged in genuine negotiations. The Commission further held that the agreement was consistent with the principles of the Act and provided for the proper management and resolution of workplace issues. As a result, the application for approval of the collective agreement was successful.

The Fair Work Commission approved the Emersteel Collective Agreement 2018, finding it met the criteria for approval under the Fair Work Act. The agreement was deemed to contain the necessary good faith bargaining provisions and to have been made in good faith. The Commission found that the agreement was consistent with the principles of the Act and provided for the proper management and resolution of workplace issues.

Emersteel Trust T/A Emersteel Fabricators 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