HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd

[2024] FWCA 4125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd

(AG2024/4262)

AMWU & HM STEEL WORK PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the AMWU & HM STEEL WORK PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU & HM STEEL WORK PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by HM Steel Work Pty Ltd T/A HM Steel Work Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 19 November 2024.

The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the AMWU and that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190 and 193A of the Act as are relevant to this application for approval have been met.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved HM Steel Work Pty Ltd, trading as HM Steel Work Pty Ltd, and the Australian Manufacturing Workers' Union (AMWU). The primary dispute was the approval of the AMWU & HM Steel Work Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026. The application was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes and regulating workplace relations. The Commission's role in this case was to determine whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it complied with the relevant provisions of the Fair Work Act, and whether it had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement adequately addressed the needs of both employers and employees, ensuring a fair balance of interests. The Commission also examined if the agreement met the requirements for "enterprise agreements" as defined in the Fair Work Act, including the necessity for the agreement to be in writing and to have been made by a bargaining representative of the employees.

The Commission thoroughly reviewed the proposed agreement, taking into account the submissions from both HM Steel Work Pty Ltd and the AMWU. It assessed the fairness and reasonableness of the terms and conditions outlined in the agreement, ensuring they met the standards set by the Fair Work Act. The Commission also verified that the agreement was genuinely negotiated and that it provided a fair balance of interests between the parties. After careful consideration, the Commission determined that the agreement was fair and reasonable and met all the necessary requirements for approval. The agreement was found to be compliant with the Fair Work Act and adequately addressed the needs of both employers and employees.

The Fair Work Commission approved the AMWU & HM Steel Work Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026. The Commission's decision was based on its finding that the agreement provided fair and reasonable terms and conditions of employment, complied with the relevant provisions of the Fair Work Act, and was genuinely negotiated between the parties. The approved agreement now serves as a binding contract between HM Steel Work Pty Ltd and the AMWU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established