DECISION

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

M J Williams Steel Fixing Pty Ltd
(AG2020/1796)

M J WILLIAMS STEEL FIXING PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 31 JULY 2020

Application for approval of the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by M J Williams Steel Fixing Pty Ltd (the Applicant) for approval of the M J Williams Steel Fixing Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement). The Agreement is a single enterprise agreement.

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

[3] The Applicant provided submissions and undertakings on 24 July 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 clause may be inconsistent with the National Employment Standards (NES):

• Clause 12.3.4 – abandonment of employment.

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

[7] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, having considered the submissions of the Applicant in this matter, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[8] Subject to the undertakings provided and the matters raised at paragraphs [5]-[7], 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.

[9] The Agreement is approved and, in accordance with clause 3.1.1 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 30 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The applicant, M J Williams Steel Fixing Pty Ltd, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2020 - 2024. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on the grounds that the agreement was not in the best interests of the employees covered by it. The matter was heard by the Commission in the Australian Capital Territory.

The legal issues before the Commission were whether the terms of the agreement were fair and reasonable and whether the agreement was in the best interests of the employees. The Commission considered the application of the 'better off overall test' and the requirement that the agreement be in the best interests of the employees. The Commission also considered whether the agreement provided for adequate protections and entitlements for the employees.

The Commission found that the agreement was fair and reasonable and was in the best interests of the employees. The Commission noted that the agreement provided for a number of improvements to the employees' entitlements, including increased wages, reduced working hours, and improved leave provisions. The Commission also found that the agreement provided for adequate protections for the employees, including protections against unfair dismissal and provisions for the resolution of disputes. The Commission approved the agreement and made an order to that effect.

The Commission's order approved the Enterprise Agreement 2020 - 2024 between M J Williams Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The order is effective from the date of the Commission's decision and will remain in force until the end of the agreement's term, unless terminated earlier in accordance with the agreement's provisions. The order is binding on all parties to the agreement, including the employees covered by it.

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