DECISION

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

Gadaleta Steel Fabrication Pty Ltd
(AG2014/10459)

GADALETA STEEL FABRICATION PTY LTD (WHYALLA) 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 (Whyalla) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gadaleta Steel Fabrication Pty Ltd (Whyalla) 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

The Fair Work Commission (FWC) was presented with an application for the approval of the Gadaleta Steel Fabrication Pty Ltd (Whyalla) Enterprise Agreement 2014. The application was brought by Gadaleta Steel Fabrication Pty Ltd, and the dispute involved the terms and conditions outlined in the proposed enterprise agreement, specifically focusing on the employment conditions of workers within the company. The FWC was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it provided for fair and equitable terms and conditions of employment.

The central legal issues before the FWC were whether the proposed agreement met the formal requirements for an enterprise agreement and whether it ensured that employees received the minimum entitlements as prescribed by the Fair Work Act. The FWC also needed to assess whether the agreement contained appropriate dispute resolution mechanisms and whether it was likely to promote workplace harmony. The dispute centred around certain clauses in the agreement that potentially deviated from minimum standards or provided for conditions that might be considered unfair.

In delivering its decision, the FWC examined the terms of the agreement and the submissions made by both parties. The FWC found that the agreement generally complied with the formal requirements and did not contain any provisions that were below the minimum standards set by the Fair Work Act. The FWC also concluded that the agreement included adequate dispute resolution mechanisms and provisions that would promote workplace harmony. Consequently, the FWC approved the Gadaleta Steel Fabrication Pty Ltd (Whyalla) Enterprise Agreement 2014, finding it to be fair and equitable in all respects.

The FWC's final orders included the approval of the enterprise agreement, which was to be registered and enforceable under the Fair Work Act. The agreement would govern the employment terms and conditions of the employees of Gadaleta Steel Fabrication Pty Ltd in Whyalla, ensuring that they received fair and just treatment in their employment relationship.

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