Natsteel Australia Pty Ltd Summary

[2014] FWCA 6877

FAIR WORK COMMISSION

DECISION

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

Natsteel Australia Pty Ltd
(AG2014/7459)

NATSTEEL COLLECTIVE AGREEMENT NSW 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 OCTOBER 2014

Application for approval of the NatSteel Collective Agreement NSW 2014.

[1] An application has been made for approval of an enterprise agreement known as the NatSteel Collective Agreement NSW 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 October 2014. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Natsteel Australia Pty Ltd was the applicant seeking approval of the NatSteel Collective Agreement NSW 2014. The application was brought before the Fair Work Commission, with the employer and the Australian Manufacturing Workers' Union as the respondents. The primary nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the terms and conditions it established for employees within the covered workforce.

The legal issues that the Commission needed to decide included whether the agreement provided for the minimum entitlements as prescribed by the Act, and whether it was free from any prohibited content. The Commission had to assess whether the agreement's terms adequately protected employees' rights and did not include any provisions that were against public policy or not in the best interests of the employees.

The Commission determined that the agreement substantially complied with the legislative requirements. The Commission noted that while there were minor issues, these did not detract from the overall compliance of the agreement. The Commission approved the agreement with the condition that certain specified provisions be removed or amended to meet the legislative standards. The employer and the union were given a period within which to make the necessary changes. The final orders were that the NatSteel Collective Agreement NSW 2014 be approved, subject to the conditions for amendment, and that the agreement would come into effect on the date of the Commission's decision.

Natsteel Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established