DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lysaght Building Solutions Pty Ltd T/A Metalform Structures P/L
(AG2017/3154)

METALFORM STRUCTURES P/L ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 OCTOBER 2017

Application for approval of the Metalform Structures P/L Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Metalform Structures P/L Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lysaght Building Solutions Pty Ltd T/A Metalform Structures P/L. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 October 2017 and, in accordance with s.54, will operate from 23 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lysaght Building Solutions Pty Ltd trading as Metalform Structures P/L sought approval of the Metalform Structures P/L Enterprise Agreement 2017 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for employees working within the company. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement provided for the proper bargaining of employees' terms and conditions of employment. Specifically, the applicant needed to demonstrate that the agreement was made in good faith and that it complied with the procedural and substantive requirements outlined in the Fair Work Act. The Commission needed to assess whether the agreement was genuinely negotiated between the employer and the employees' representatives, and whether it met the criteria for being a simple, fair, and efficient workplace agreement.

The Fair Work Commission found that the enterprise agreement was indeed made in good faith and satisfied the necessary requirements for approval. The Commission acknowledged that the agreement had been negotiated between the employer and the employees' representatives, and that it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement was simple, fair, and efficient, and that it met all the criteria for approval under the Fair Work Act. Accordingly, the Commission approved the Metalform Structures P/L Enterprise Agreement 2017.

The Fair Work Commission approved the Metalform Structures P/L Enterprise Agreement 2017, finding that it met all the necessary requirements for approval under the Fair Work Act. The Commission found that the agreement was genuinely negotiated between the employer and the employees' representatives, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was simple, fair, and efficient, and that it met all the criteria for approval. The Commission approved the agreement, allowing it to come into effect and govern the employment terms and conditions of the relevant employees.

Lysaght Building Solutions Pty Ltd T/A Metalform Structures P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established