DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melsteel Pty Ltd
(AG2018/3269)

MELSTEEL PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the Melsteel Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melsteel Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melsteel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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 7 November 2018 and, in accordance with s.54, will operate from 14 November 2018. The nominal expiry date of the Agreement is 30 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Melsteel Pty Ltd applied for the approval of the Melsteel Pty Ltd Enterprise Agreement 2018. The applicant, Melsteel, is a company in the steel industry and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), is a trade union representing workers in the industry. The dispute centred around whether the enterprise agreement provided appropriate terms and conditions for the employees, including wages, working conditions, and other employment-related matters.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, and if it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the "better off overall test" which requires that the agreement must not be less favourable to employees than the applicable award or safety net. Furthermore, the Commission needed to determine whether the agreement was made in accordance with the procedural requirements set out in the Act.

The Fair Work Commission found that the agreement did comply with the statutory requirements and was made in good faith. The Commission considered the evidence presented by both parties, including the process followed in negotiating the agreement and the submissions made by the CFMEU on behalf of the employees. The Commission was satisfied that the agreement met the "better off overall test" and did not find any evidence of coercion. Therefore, the Commission approved the enterprise agreement, finding it to be a valid and fair agreement for the employees. The Commission also noted that the agreement provided for appropriate terms and conditions for the employees, including wages, working conditions, and other employment-related matters.

The Fair Work Commission approved the Melsteel Pty Ltd Enterprise Agreement 2018, subject to certain conditions and modifications. The Commission made some minor changes to the agreement to address specific issues raised during the hearing, but overall, it found the agreement to be fair and reasonable for both the employees and the employer. The Commission's decision provides clarity and certainty for both parties and ensures that the employees are protected by a fair and reasonable enterprise agreement.

Melsteel 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