Neumann Steel Pty Ltd Summary

[2024] FWCA 4076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Neumann Steel Pty Ltd

(AG2024/4277)

NEUMANN STEEL PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 22 NOVEMBER 2024

Application for approval of the Neumann Steel Pty Ltd Enterprise Agreement 2024

Neumann Steel Pty Ltd has applied for approval of a single enterprise agreement known as the Neumann Steel Pty Ltd Enterprise Agreement 2024 (the Agreement).

The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Neumann Steel Pty Ltd to have their proposed Enterprise Agreement approved by the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers under the agreement, which was a subject of contention between the employer and the employees' representatives. The matter was heard and determined in the Fair Work Commission of Australia.

The central legal issues the court had to address were whether the proposed Enterprise Agreement was genuinely negotiated and whether it contained terms that were fair and reasonable. The court also had to consider whether the agreement complied with the relevant legislative requirements and if it met the standards set by the Fair Work Act 2009. Furthermore, the court needed to assess if the agreement provided adequate protections for the employees and if it was in line with the principles of enterprise bargaining.

The Fair Work Commission determined that the Enterprise Agreement was genuinely negotiated between the parties, and it contained terms that were fair and reasonable. The court found that the agreement complied with the legislative requirements and adhered to the principles of enterprise bargaining as outlined in the Fair Work Act 2009. The court also concluded that the agreement provided adequate protections for the employees and that it was in the best interest of all parties involved. Consequently, the Fair Work Commission approved the Neumann Steel Pty Ltd Enterprise Agreement 2024.

The Fair Work Commission's final orders included the approval of the Enterprise Agreement and the setting aside of any previous agreements that conflicted with the approved agreement. The court also ordered that the terms of the new agreement would come into effect from the date of the decision and would apply to all employees covered by the agreement. The decision was binding on both the employer and the employees, and any disputes arising from the agreement would be resolved in accordance with its terms.

Neumann Steel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established