DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neumann Steel Pty Ltd
(AG2020/567)

NEUMANN STEEL PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 2 APRIL 2020

Application for approval of the Neumann Steel Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Neumann Steel Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Neumann Steel 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Neumann Steel Pty Ltd, an employer, and a trade union, representing employees, applied to the Fair Work Commission for approval of an enterprise agreement. The union argued the agreement was appropriate and fair, while the employer contended that certain clauses were not suitable. The case was heard in the Fair Work Commission.

The court had to determine whether the agreement was fair and appropriate, particularly focusing on the employer's objections to specific clauses. The court needed to assess if the clauses were necessary for the protection of employees' interests and whether they were consistent with the provisions of the Fair Work Act 2009.

The Fair Work Commission found that the clauses in question were necessary to protect employees' interests and were not inconsistent with the Fair Work Act. The court approved the enterprise agreement in its entirety, dismissing the employer's objections. The decision emphasised the importance of protecting employees' rights and ensuring fair and balanced agreements in the workplace.

The Fair Work Commission approved the Neumann Steel Pty Ltd Enterprise Agreement 2020, as applied for by the union. The employer's objections were dismissed, and the agreement was deemed fair and appropriate for the employees.

Neumann Steel 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