DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kelson Enterprises Pty Ltd T/A Diamond Steel Engineering
(AG2015/1723)

AMWU AND THE KELSON ENTERPRISES PTY LTD T/AS DIAMOND STEEL ENGINEERING COLLECTIVE BARGAINING STRUCTURAL STEEL WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 MARCH 2015

Application for approval of the AMWU and the Kelson Enterprises Pty Ltd T/as Diamond Steel Engineering Collective Bargaining Structural Steel Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Kelson Enterprises Pty Ltd T/as Diamond Steel Engineering Collective Bargaining Structural Steel Workshop Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kelson Enterprises Pty Ltd T/A Diamond Steel Engineering. 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and Kelson Enterprises Pty Ltd, trading as Diamond Steel Engineering, to the Fair Work Commission (FWC) for the approval of a collective bargaining agreement. The AMWU sought to have the agreement recognised as a Registered Agreement under the Fair Work Act 2009 (Cth). The application arose in the context of a dispute over the terms and conditions of employment for workers in the structural steel workshop sector. The FWC was required to determine whether the proposed agreement met the legal criteria for approval as a Registered Agreement, including that it did not have an adverse effect on the operation of the safety net of minimum terms and conditions.

The central legal issue before the FWC was whether the proposed agreement complied with the statutory requirements for registration under the Fair Work Act. Specifically, the FWC needed to assess whether the agreement included all the prescribed minimum terms and conditions, did not provide for less favourable treatment of employees than provided for under the safety net, and did not include any terms that would have an adverse effect on the operation of the safety net. Additionally, the FWC had to consider whether the agreement was genuinely negotiated between the parties and if the process of negotiation was fair and appropriate.

In rendering its decision, the FWC thoroughly examined the proposed agreement against the statutory requirements. It found that the agreement included all the prescribed minimum terms and conditions and did not provide for less favourable treatment than the safety net. The FWC also concluded that the agreement did not have an adverse effect on the operation of the safety net. Furthermore, the FWC was satisfied that the agreement was genuinely negotiated and that the process was fair and appropriate. Based on these findings, the FWC approved the proposed agreement as a Registered Agreement.

The FWC's final order was the approval of the AMWU and Kelson Enterprises Pty Ltd T/as Diamond Steel Engineering Collective Bargaining Structural Steel Workshop Agreement 2014 as a Registered Agreement under the Fair Work Act. This decision provided clarity and certainty regarding the terms and conditions of employment for workers in the structural steel workshop sector, ensuring compliance with the statutory requirements for collective bargaining agreements.

Kelson Enterprises Pty Ltd T/A Diamond Steel Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established