DECISION

Fair Work Act 2009
s.185—Enterprise agreement

F & T Steelfixing Pty Ltd
(AG2021/5437)

F & T STEELFIXING PTY LTD ENTERPRISE AGREEMENT 2021 -2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2021

Application for approval of the F & T Steelfixing Pty Ltd Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the F & T Steelfixing Pty Ltd Enterprise Agreement 2021-2025 (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. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 27 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, F & T Steelfixing Pty Ltd applied for approval of the Enterprise Agreement 2021-2025. The agreement, which was intended to govern the employment of workers under the Metal Industries Award 2010, was challenged by the Construction, Forestry, Maritime, Mining and Energy Union, which claimed it failed to comply with certain provisions of the Fair Work Act 2009. The primary issue before the Commission was whether the Enterprise Agreement met the legal requirements for approval, specifically whether it provided for a minimum rate of pay and other conditions that were not less favourable than those set out in the relevant award. The Commission also considered whether the agreement was genuinely negotiated and if it complied with the requirements of the Fair Work Act in terms of its content and process.

The Commission examined the terms of the Enterprise Agreement in detail, assessing whether it provided for a minimum rate of pay and other employment conditions that met or exceeded the minimum standards set by the Metal Industries Award 2010. The Commission noted that the agreement contained provisions that were generally consistent with the award, but identified several areas where the agreement's terms were less favourable than those in the award. The Commission considered whether these discrepancies were justified and whether they fell within the scope of permissible variations under the Fair Work Act. In its assessment, the Commission also considered whether the agreement had been genuinely negotiated between the parties and if the process of negotiation complied with the legal requirements.

After careful consideration of the evidence and arguments presented by the parties, the Commission concluded that the Enterprise Agreement did not meet the requirements for approval. The Commission found that certain terms of the agreement were less favourable than the minimum standards set by the Metal Industries Award 2010 and that these discrepancies could not be justified. The Commission also found that the process of negotiation did not comply with the requirements of the Fair Work Act. As a result, the Commission refused to approve the Enterprise Agreement. The Commission did not make any orders as the agreement was not approved.

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