DECISION

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

G.A.M Steel Pty Ltd
(AG2015/960)

G.A.M. STEEL PTY LTD ENTERPRISE AGREEMENT 2015 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 1 MAY 2015

Application for approval of the G.A.M. Steel Pty Ltd Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the G.A.M. Steel Pty Ltd Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G.A.M. Steel Pty Ltd (the Applicant). The agreement is a single-enterprise 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

G.A.M Steel Pty Ltd was the subject of an application for the approval of an Enterprise Agreement for the years 2015 to 2017. The dispute arose between the company and the Fair Work Commission, with the company seeking to have the agreement recognised and enforced under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues that the Commission needed to resolve included whether the agreement provided for the proper balance between the rights and obligations of the parties, whether it adequately protected the interests of employees, and whether it complied with relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it met the requirements for simplicity, clarity, and accessibility.

The Fair Work Commission found that the agreement was fair and reasonable, providing adequate protection for the interests of employees. The Commission noted that the agreement included provisions for minimum wage rates, overtime, penalty rates, and leave entitlements that were consistent with industry standards. The Commission also determined that the agreement had been made in good faith and met the necessary requirements for simplicity, clarity, and accessibility. As a result, the Commission approved the Enterprise Agreement, which will now be enforceable under the Fair Work Act.

G.A.M Steel 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