Integrated Steel Mill Services Pty Limited

[2013] FWCA 3075

FAIR WORK COMMISSION

DECISION

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

Integrated Steel Mill Services Pty Limited
(AG2013/6381)

INTEGRATED STEEL MILL SERVICES PTY LTD AWU ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 20 MAY 2013

Application for approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Integrated Steel Mill Services Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 May 2013. The nominal expiry date is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Integrated Steel Mill Services Pty Limited, who applied for the approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2013. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement complied with the legal requirements and whether it was appropriately negotiated.

The primary legal issues the court needed to address were whether the agreement met the criteria for a certified agreement, specifically if it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. The court also needed to determine if the agreement was genuinely negotiated between the parties and if it was free from any improper conduct. Furthermore, the court considered whether the agreement provided for appropriate dispute resolution mechanisms.

The court examined the provisions of the proposed agreement and found that it included all the mandated minimum terms and conditions as required by the Fair Work Act. The court determined that the agreement was genuinely negotiated and was free from any improper conduct. It was satisfied that the agreement contained adequate dispute resolution provisions. Therefore, the court approved the enterprise agreement under section 233 of the Fair Work Act.

The final orders of the court were that the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2013 be approved as a registered agreement, effective from the date of the approval. The agreement was to be registered and published on the Fair Work Commission’s website. The approval allowed the agreement to bind both the employer and the employees covered by the agreement, ensuring compliance with the terms and conditions set out within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established