DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Steel Mill Services Pty Limited T/A Steelstone Sydney
(AG2018/7295)

INTEGRATED STEEL MILL SERVICES/AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT – MOLY-COP - WARATAH SITE – 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2019

Application for approval of the Intergrated Steel Mill Services / Australian Workers Union Enterpise Agreement - Moly-Cop - Waratah Site - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Intergrated Steel Mill Services / Australian Workers Union Enterpise Agreement - Moly-Cop - Waratah Site - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Integrated Steel Mill Services Pty Limited T/A Steelstone Sydney. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Integrated Steel Mill Services Pty Limited, trading as Steelstone Sydney, sought approval of an enterprise agreement between the company and the Australian Workers Union. The agreement related to employees working at the Moly-Cop - Waratah site. The matter was heard by the Fair Work Commission, with Commissioner J. A. Richardson presiding. The primary focus of the case was to determine whether the enterprise agreement met the legal requirements under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement was the product of genuine bargaining and was fair and reasonable in all its terms.

The Commission examined the process by which the agreement was negotiated and whether it complied with procedural fairness. This included assessing whether there was genuine bargaining between the parties, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement met the requirements of the Fair Work Act in terms of its content and whether it unfairly disadvantaged any group of employees. The Commission's task was to ensure that the agreement did not contain any terms that would have the effect of undermining the protections provided by the National Employment Standards or other provisions of the Fair Work Act.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the applicant had demonstrated that the agreement was the result of genuine bargaining and that it met the legal requirements under the Fair Work Act. Consequently, the Commission approved the enterprise agreement. The applicant's application was successful, and the agreement was registered with the Fair Work Commission.

Integrated Steel Mill Services Pty Limited T/A Steelstone Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established