Neumann Steel Pty Ltd T/A Neumann Steel Pty Ltd

[2022] FWCA 3854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Neumann Steel Pty Ltd T/A Neumann Steel Pty Ltd

(AG2022/4478)

Neumann Steel Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 2 NOVEMBER 2022

Application for approval of the Neumann Steel Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Neumann Steel Pty Ltd Enterprise Agreement 2022 (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 T/A Neumann Steel Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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.

The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Neumann Steel Pty Ltd, trading as Neumann Steel Pty Ltd, applied to the Fair Work Commission for approval of the Neumann Steel Pty Ltd Enterprise Agreement 2022. The nature of the dispute was the company's request for a specific approval of the enterprise agreement, which had been negotiated between the employer and the employees' representatives. The application was brought before the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it met the criteria for approval. This included assessing whether the agreement was made in good faith, whether it contained the minimum terms and conditions prescribed by law, and whether it was in the best interests of the employees. The Commission also had to consider if the agreement provided for the proper operation of the business, and whether it met the procedural requirements for approval.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the minimum terms and conditions required by law. The Commission was satisfied that the agreement was in the best interests of the employees and would allow the proper operation of the business. The agreement met all the procedural requirements for approval, including the requirement for the employer to provide the agreement to the employees and the employees' representatives. Based on these findings, the Commission approved the Neumann Steel Pty Ltd Enterprise Agreement 2022.

In conclusion, the Fair Work Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act 2009 and meeting the criteria for approval. The agreement was made in good faith, contained all the required minimum terms and conditions, was in the best interests of the employees, and allowed for the proper operation of the business. The procedural requirements for approval were also satisfied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established