DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Structural Steel Pty Ltd
(AG2016/6781)

HUNTER STRUCTURAL STEEL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Hunter Structural Steel Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Structural Steel Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Structural Steel Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 9 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Structural Steel Pty Ltd was the applicant before the Fair Work Commission in an application for the approval of the Hunter Structural Steel Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The respondents were the Australian Manufacturing Workers Union, the National Metal and Steelworkers Union, and the Building Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Act.

The central legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) agreement, and whether it contained terms that were contrary to the public interest. Additionally, the Commission had to consider whether the agreement was made in accordance with the relevant provisions of the Act, including the requirement for direct and genuine bargaining between the parties.

The Fair Work Commission found that the agreement was a BOOT agreement, as it provided employees with benefits that were at least equal to those provided under the applicable awards. The Commission also determined that the agreement did not contain any terms that were contrary to the public interest. Regarding the bargaining process, the Commission was satisfied that the agreement was made in accordance with the Act, as it was the product of direct and genuine bargaining between the parties. Consequently, the Commission approved the Hunter Structural Steel Enterprise Agreement 2016.

The Fair Work Commission's decision was to approve the Hunter Structural Steel Enterprise Agreement 2016, effective from 1 April 2016. The approval was contingent upon the agreement being registered with the Fair Work Registry. The Commission also ordered that the agreement be published on the Fair Work Commission's website and in the Commonwealth Gazette.

Hunter Structural 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