Rensteff Pty Ltd T/A Steelworks Construction Wa

Case

[2023] FWCA 1536

29 MAY 2023


[2023] FWCA 1536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rensteff Pty Ltd T/A Steelworks Construction Wa

(AG2023/1237)

STEELWORKS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER HUNT

BRISBANE, 29 MAY 2023

Application for approval of the Steelworks Enterprise Agreement 2023

  1. Rensteff Pty Ltd T/A Steelworks Construction Wa (the Employer) has applied for approval of an enterprise agreement known as the Steelworks Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

  1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

  1. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

  1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 29 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520159  PR762595>

Annexure A – Undertaking

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