DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neumann Steel Pty Ltd
(AG2016/294)

NEUMANN STEEL PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Neumann Steel Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Neumann Steel Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Steel 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 2 March 2016 and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418040 PR577532

Annexure A

CaseChat Overview and Summary

Neumann Steel Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions relating to the coverage of employees and the process of employee representation. The Fair Work Commission, consisting of Commissioner McCabe, Commissioner Cox, and Commissioner Holmes, was tasked with determining these issues.

The central legal issues were whether the agreement was genuinely a "single-employer" agreement and whether the application process adhered to statutory requirements. The CFMEU argued that the agreement was not genuinely a single-employer agreement as it included employees from multiple employers, and the process of application did not adequately consider employee representation. The Commission had to evaluate the structure of the agreement, the definition of employees covered, and the validity of the application process.

The Commission found that the agreement was genuinely a single-employer agreement as it was entered into by a single employer, Neumann Steel Pty Ltd, with its employees. The Commission also determined that the application process was valid, as it followed the procedures outlined in the Fair Work Act. The Commission emphasised that the agreement covered employees who were appropriately defined and that the application process allowed for proper consideration of employee representation. Consequently, the Commission approved the Enterprise Agreement.

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