OK Steelex Services Pty Ltd Summary

[2024] FWCA 4646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OK Steelex Services Pty Ltd

(AG2024/4842)

OK STEELEX SERVICES PTY LTD – AWU WESTERN HARBOUR TUNNEL GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 DECEMBER 2024

Application for approval of the OK Steelex Services Pty Ltd – AWU Western Harbour Tunnel Greenfields Agreement

An application has been made for approval of an enterprise agreement to be known as the OK Steelex Services Pty Ltd – AWU Western Harbour Tunnel Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by OK Steelex Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2024. The nominal expiry date of the Agreement is 20 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

OK Steelex Services Pty Ltd applied for the approval of an enterprise agreement, the OK Steelex Services Pty Ltd – AWU Western Harbour Tunnel Greenfields Agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Federal Court heard the application. The legal issues the court had to determine included whether the agreement was a "genuine" enterprise agreement as defined by the Fair Work Act 2009, and whether the agreement was consistent with the Act's objectives. The court considered whether the agreement had been negotiated in good faith and whether it complied with the requirements for the approval of an enterprise agreement. The court found that the agreement was genuine, as it had been negotiated in good faith and complied with the requirements of the Act. The court also found that the agreement was consistent with the objectives of the Act. The court approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees in the industry. The court noted that the agreement provided for a fair and reasonable process for resolving disputes between employees and employers. The court also noted that the agreement provided for a fair and reasonable process for employees to access training and development opportunities.

OK Steelex Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established