DECISION

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

Integrated Steelmill Services Pty Limited
(AG2018/7210)

INTEGRATED STEEL MILL SERVICES PTY LTD AWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 18 APRIL 2019

Application for approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Steel Mill Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 18 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Operations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Steelmill Services Pty Limited sought approval of an enterprise agreement, which was subject to the Fair Work Act 2009. The applicants argued that the proposed agreement was a valid and fair one, while the objectors contended that the agreement did not meet the requirements of the Act. The Fair Work Commission was the body responsible for hearing and deciding on the application.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "direct" agreement between the employer and employees, if it was "in good faith", if it was "free of coercion and undue influence", and if it provided for "fair and reasonable" terms and conditions. The objectors argued that the agreement did not meet these requirements as it did not allow for proper employee representation and failed to provide for adequate consultation.

In deciding the application, the Commission considered the evidence and submissions from both parties. It found that the agreement was a direct one between the employer and employees, and that it had been made in good faith. The Commission also found that the agreement was free of coercion and undue influence, and that it provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement provided for proper employee representation and adequate consultation, and that it met the requirements for approval under the Act. The Commission approved the enterprise agreement.

The Fair Work Commission approved the application for approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2018. The agreement was found to be a direct, good faith, and fair agreement, which met the requirements for approval under the Fair Work Act. The agreement was therefore approved, and the employer was authorised to implement it.

Integrated Steelmill Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established