DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Steel Mill Services Pty Ltd T/A Steelstone Sydney
(AG2020/1997)

INTEGRATED STEEL MILL SERVICES/AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT - MOLY-COP - WARATAH SITE - 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 SEPTEMBER 2020

Application for approval of the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Moly-Cop - Waratah Site - 2020.

[1] Integrated Steel Mill Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Moly-Cop - Waratah Site - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 September 2020 and, in accordance with s 54, will operate from 14 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this matter were Integrated Steel Mill Services Pty Ltd, trading as Steelstone Sydney, and the Australian Workers Union. The nature of the dispute was the application for approval of the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Moly-Cop - Waratah Site - 2020. The court involved was the Fair Work Commission, which is Australia's independent national workplace relations tribunal with jurisdiction over enterprise agreements.

The legal issues that the court was required to decide included whether the enterprise agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the statutory requirements for approval.

The court found that the enterprise agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions, and met the statutory requirements for approval. The court noted that the agreement provided for a range of benefits for the employees, including increased wages and improved working conditions. The court also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, and that it met the threshold for approval under section 233 of the Act. The court approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the court were that the enterprise agreement be approved, subject to the modifications that were made to ensure compliance with the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission, and that it come into effect on the date of the approval. The parties were required to provide written notice of the approval to all employees covered by the agreement.

Integrated Steel Mill Services Pty Ltd T/A Steelstone Sydney

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established