DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M J Williams Steel Fixing Pty Ltd
(AG2015/4246)

M J WILLIAMS STEEL FIXING PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 AUGUST 2015

Application for approval of the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M J Williams Steel Fixing Pty Ltd. 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] The Agreement was approved on 20 August 2015 and, in accordance with s.54, will operate from 27 August 2015. The nominal expiry date of the Agreement is 20 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

M J Williams Steel Fixing Pty Ltd, an entity engaged in the steel fixing industry, brought an application before the Fair Work Commission for the approval of an Enterprise Agreement, specifically the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2015-2019. The applicant sought the agreement's approval to ensure its terms and conditions would be legally binding for the duration specified. The dispute centred around the validity of the agreement's provisions and whether it complied with relevant industrial laws.

The primary legal issues addressed by the Commission were whether the agreement was made in good faith, whether it was fair and reasonable, and whether it adhered to the procedural requirements outlined in the Fair Work Act 2009. Additionally, the Commission examined whether the agreement met the criteria for being considered a safety net agreement, ensuring that the terms did not undercut the minimum entitlements set by the applicable awards or the national employment standards.

In its decision, the Commission found that the Enterprise Agreement was made in good faith and was fair and reasonable. The Commission also determined that the procedural requirements were met, including that there was adequate consultation and negotiation between the employer and the employees. The agreement was deemed to comply with all relevant provisions of the Fair Work Act, and it was approved as it provided for terms and conditions that were not less favourable than the applicable awards or the national employment standards. The Commission's approval ensured that the agreement would provide a stable and legally binding framework for the employment relationship between M J Williams Steel Fixing Pty Ltd and its employees for the specified period.

The final orders included the approval of the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2015-2019, with the terms and conditions set out in the agreement to be legally binding for the duration from 1 July 2015 to 30 June 2019.

M J Williams Steel Fixing 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