DECISION

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

Gadaleta Steel Fabrication Pty Ltd
(AG2014/10460)

GADALETA STEEL FABRICATION PTY LTD (PORT PIRIE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 FEBRUARY 2015

Application for approval of the Gadaleta Steel Fabrication Pty Ltd (Port Pirie) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gadaleta Steel Fabrication Pty Ltd (Port Pirie) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gadaleta Steel Fabrication Pty Ltd. 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.

[3] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2015. The nominal expiry date of the Agreement is 23 February 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Gadaleta Steel Fabrication Pty Ltd, applied for the approval of the Gadaleta Steel Fabrication Pty Ltd (Port Pirie) Enterprise Agreement 2014. The dispute centred on whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was a "better off overall test" (BOOT) compliant and whether it complied with the provisions of the Act, including the mandated terms and conditions.

The primary legal issues before the Commission were whether the enterprise agreement complied with the BOOT requirement and whether it adhered to the Fair Work Act's provisions. The BOOT requires that the agreement must not disadvantage employees relative to their former terms and conditions and must be reasonably necessary for the business's operational efficiency. Additionally, the Commission had to assess whether the agreement included mandated terms and conditions as stipulated by the Act.

The Commission found that the Gadaleta Steel Fabrication Pty Ltd (Port Pirie) Enterprise Agreement 2014 satisfied the BOOT requirement, ensuring no adverse effects on the employees' conditions. It also concluded that the agreement complied with all mandatory terms and conditions set out in the Fair Work Act. The agreement was thus deemed to meet all legislative requirements and was approved.

Gadaleta Steel Fabrication 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