lnfraBuild Trading Pty ltd T/A Tonkin Steel

[2020] FWCA 2936

[2020] FWCA 2936

FAIR WORK COMMISSION

DECISION

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

lnfraBuild Trading Pty ltd T/A Tonkin Steel
(AG2020/1224)

TONKIN STEEL EMPLOYEE ENTERPRISE AGREEMENT 2020

Storage services
COMMISSIONER BOOTH	BRISBANE, 4 JUNE 2020

Application for approval of the Tonkin Steel Employee Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by lnfraBuild Trading Pty ltd T/A Tonkin Steel (the Applicant) for approval of the Tonkin Steel Employee Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 20 May 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions and undertakings on 28 May 2020, addressing the concerns raised.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to his Decision as Attachment A.

[5] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause 2.8.3(e) – serious misconduct; and

•  Clause 2.11.1 – abandonment of employment.

[6] However, noting the NES precedence clause at clause 1.12.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] Subject to the undertakings provided and the matters raised at paragraphs [5]-[6], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Australian Workers’ Union (AWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 AWU.

[9] The Agreement is approved and, in accordance with clause 1.4.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 April 2023.

COMMISSIONER

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Attachment A