DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum ER Pty Ltd T/A Platinum Employee Relations
(AG2015/255)

NEWFORM STEEL PTY LTD 2014 EBA

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 MARCH 2015

Application for approval of the Newform Steel Pty Ltd 2014 EBA.

[1] An application has been made for approval of an enterprise agreement known as the Newform Steel Pty Ltd 2014 EBA (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Platinum ER Pty Ltd T/A Platinum Employee Relations. The Agreement is a single-enterprise agreement.

[2] The application was lodged outside the 14 day time period specified in s.185(3)(a) of the Act. Having received correspondence from Platinum ER Pty Ltd T/A Platinum Employee Relations outlining reasons for why the application was lodged late, I am satisfied, with regards to s.185(3)(b) of the Act, that in all the circumstances it is fair to extend the period for lodging the application to 11 February 2015.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from Newform Steel Fabrications Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2015. The nominal expiry date of the Agreement is 16 March 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, Platinum ER Pty Ltd, trading as Platinum Employee Relations, applied to the Fair Work Commission for the approval of the Newform Steel Pty Ltd 2014 Enterprise Bargaining Agreement (EBA). The EBA was proposed between the employer, Newform Steel Pty Ltd, and the employees covered by the agreement. The dispute arose from the negotiation and drafting of the EBA, with certain provisions being challenged on grounds of fairness and compliance with relevant industrial legislation.

The court was tasked with determining whether the EBA met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the EBA provided for the minimum entitlements of employees, ensured procedural fairness in its negotiation, and did not contain any terms that were contrary to public policy or unfair. Specific focus was placed on provisions relating to employee entitlements, dispute resolution mechanisms, and the overall fairness of the agreement in light of the bargaining power of the parties.

In delivering its decision, the Fair Work Commission examined the EBA clause by clause, considering the submissions from both the applicant and the objectors. The Commission found that while some provisions were contentious, the overall agreement provided for the minimum entitlements of employees and did not contravene any legislative requirements. The Commission determined that the EBA could be approved with certain modifications to address the fairness concerns raised. These modifications included clarifying certain terms and ensuring that the dispute resolution mechanisms were fair and accessible to all parties involved.

The final orders of the Fair Work Commission were that the Newform Steel Pty Ltd 2014 EBA be approved with the specified modifications. The Commission also directed that the modified agreement be circulated to all relevant parties and that any further objections be addressed in accordance with the procedures outlined in the Fair Work Act 2009.

Platinum ER Pty Ltd T/A Platinum Employee Relations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established