DECISION

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

OK Steelex Services Pty Limited
(AG2015/3836)

OK STEELEX SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 AUGUST 2015

Application for approval of the OK Steelex Services Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe OK Steelex Services Pty Ltd Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OK Steelex Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, OK Steelex Services Pty Limited applied for approval of the OK Steelex Services Pty Ltd Enterprise Agreement 2015-2018. The dispute arose from the need to formalise the terms and conditions of employment for the company’s employees under the new enterprise agreement. The Commission was tasked with assessing whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as mandated by the Act. The company argued that the agreement was fair and reasonable, while the employees' representative claimed certain terms were unfair and did not meet the statutory minimum standards.

The Commission examined the negotiation process to ensure it was conducted in good faith and found that the agreement was negotiated appropriately. The Commission also assessed the terms of the agreement against the minimum standards set by the Fair Work Act, ensuring that all mandatory provisions were included. The Commission determined that while some provisions were contentious, they did not fall below the minimum standards required by law. As a result, the Commission approved the enterprise agreement, subject to specific conditions designed to address the concerns raised by the employees' representative.

The final orders included the approval of the enterprise agreement with specific conditions to ensure compliance with the Fair Work Act, providing a framework for the employment relationship between OK Steelex Services Pty Limited and its employees for the specified period.

OK Steelex Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established