DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lewis Steelfixing Pty Ltd
(AG2017/4209)

LEWIS STEELFIXING PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 27 NOVEMBER 2017

Application for approval of the Lewis Steelfixing Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Lewis Steelfixing Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lewis Steelfixing Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 3 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Lewis Steelfixing Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, a union representing the employees. The dispute was centred on the approval of the Lewis Steelfixing Pty Ltd Enterprise Agreement 2017-2021. The Commission was tasked with assessing whether the agreement met the legal requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms and conditions for the employees.

The primary legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on whether the agreement was genuinely bargained and whether it contained terms that were fair and reasonable. The Commission also had to consider whether the agreement adequately covered all aspects of employment, including wages, hours of work, and other conditions of employment. Furthermore, the Commission needed to ensure that the agreement did not disadvantage any group of employees and was consistent with the overarching principles of the Act.

In delivering its decision, the Commission noted that the agreement was the result of genuine bargaining between the parties, and it contained terms and conditions that were fair and reasonable. The Commission found that the agreement comprehensively covered all aspects of employment and did not disadvantage any group of employees. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and approved the enterprise agreement. The approval was based on the evidence presented, which demonstrated that the agreement was in the best interests of the employees and the employer.

The Fair Work Commission approved the Lewis Steelfixing Pty Ltd Enterprise Agreement 2017-2021, confirming that it met all legal requirements and provided fair and reasonable terms and conditions for the employees.

Lewis Steelfixing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established