DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F & T Steelfixing Pty Ltd
(AG2017/1353)

F & T STEELFIXING PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 JUNE 2017

Application for approval of the F & T Steelfixing Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the F & T Steelfixing Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by F & T Steelfixing Pty Ltd T/As F & T Steelfixing. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, F & T Steelfixing Pty Ltd, sought approval of its Enterprise Agreement 2017-2021 under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented some of the employees covered by the agreement. The dispute centred on whether the proposed enterprise agreement was fair and if it adhered to the relevant legislative provisions. The Fair Work Commission heard the matter, as it has jurisdiction to approve such agreements.

The primary legal issue was whether the Enterprise Agreement met the requirements for "direct" and "indirect" approval. Direct approval required the agreement to meet the "better off overall test" and ensure the agreement did not undermine the "protected action" provisions. Indirect approval required the agreement to comply with the general protections provisions of the Fair Work Act, including minimum wages and conditions. The court also had to consider whether the agreement was made in good faith and whether the process followed in reaching the agreement was fair.

The Fair Work Commission held that the Enterprise Agreement was fair and met all the legal requirements for both direct and indirect approval. The Commission found that the agreement was made in good faith and followed a fair process. The Commission also determined that the agreement met the better off overall test and did not undermine the protected action provisions. Furthermore, the agreement complied with the general protections provisions, including minimum wages and conditions. Therefore, the Commission approved the Enterprise Agreement 2017-2021.

The Fair Work Commission approved the Enterprise Agreement 2017-2021. The Commission found that the agreement was fair and met all the legal requirements for approval. The Commission also determined that the agreement was made in good faith and followed a fair process. This decision provides clarity on the requirements for approving enterprise agreements and sets a precedent for future cases.

F & T Steelfixing 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