DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Steel Constructions Pty Ltd
(AG2016/5627)

PACIFIC STEEL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Steel Constructions Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Steel Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Steel Constructions Pty Ltd applied to the Fair Work Commission (FWC) for approval of its 2016-2020 Enterprise Agreement (EA). The EA, which was registered with the Australian Building and Construction Commission, governed the employment of workers in the steel construction industry. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the EA did not meet the statutory requirements for approval under the Fair Work Act 2009. The FWC was required to determine whether the EA met the statutory criteria for approval, including whether it provided for the protection of workers' rights and interests, and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The FWC held that the EA did not meet the statutory criteria for approval. The FWC found that the EA did not provide for the protection of workers' rights and interests, as it contained provisions that were inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The FWC also found that the EA did not comply with the statutory requirements for approval, as it did not include certain mandatory terms and conditions of employment. The FWC noted that the EA contained provisions that were outside the scope of the agreement, including provisions that related to the employer's business operations and the management of the workplace. The FWC held that these provisions were not capable of being included in an EA and that their inclusion in the EA rendered it invalid.

The FWC refused to approve the EA. The FWC held that the EA did not meet the statutory criteria for approval and that it was invalid. The FWC noted that the EA contained provisions that were outside the scope of the agreement and that their inclusion in the EA rendered it invalid. The FWC also held that the EA did not provide for the protection of workers' rights and interests, as it contained provisions that were inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The FWC noted that the EA did not include certain mandatory terms and conditions of employment, which were required by law. The FWC held that the EA was invalid and could not be approved.

Pacific Steel Constructions 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