Integrated Steelmill Services Pty Limited Summary

[2016] FWCA 2156

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Steelmill Services Pty Limited

(AG2016/2649)

INTEGRATED STEEL MILL SERVICES/AUSTRALIAN WORKERS

UNION ENTERPRISE AGREEMENT - MOLY-COP - WARATAH SITE

- 2015

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 6 APRIL 2016

Application for approval of the Integrated Steel Mill Services/Australian Workers Union

Enterprise Agreement - Moly-Cop - Waratah Site - 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Moly-Cop -

Waratah Site - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (the Act). It has been made by Integrated Steelmill Services Pty Limited. 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.

[4] 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.
[2016] FWCA 2156

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

13 April 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2156

Annexure A

CaseChat Overview and Summary

Integrated Steelmill Services Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, known as the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Moly-Cop - Waratah Site - 2015, was to be approved under section 185 of the Fair Work Act 2009. The applicant provided written undertakings which were deemed satisfactory by the Commissioner, as they would not cause financial detriment to any employees or result in substantial changes to the agreement. The Australian Workers’ Union, a bargaining representative for the agreement, notified its desire for the agreement to cover it, which was also approved.

The legal issues before the court included whether the application for approval met the requirements of sections 186, 187, 188, and 190 of the Act, and whether the agreement would not cause financial detriment to employees or result in substantial changes. The Commissioner determined that the application met the relevant requirements and that the agreement would not have the detrimental effects mentioned. The Commissioner also noted that the agreement would cover the Australian Workers’ Union.

The court approved the agreement and determined that it would operate from 13 April 2016, with a nominal expiry date of 31 December 2017. The Commissioner’s decision was based on the satisfactory nature of the written undertakings provided by the applicant, and the absence of any financial detriment to employees or substantial changes to the agreement. The Commissioner also considered the notification from the Australian Workers’ Union, which indicated its desire for the agreement to cover it.

Integrated Steelmill Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established