Rensteff Pty Ltd T/A Steelworks Construction Wa

[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

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.

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.

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.

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.

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

Annexure A – Undertaking

CaseChat Overview and Summary

The case of Rensteff Pty Ltd T/A Steelworks Construction Wa involved an application for the approval of the Steelworks Enterprise Agreement 2023. The applicant, Rensteff Pty Ltd, sought the court's approval of the agreement, which was intended to govern the employment conditions of workers within the steel construction industry in Western Australia. The respondents, who included various trade unions representing the employees, challenged the fairness and compliance of the proposed agreement with the applicable industrial laws.

The legal issues before the court were primarily focused on the fairness and compliance of the proposed enterprise agreement with the relevant provisions of the Fair Work Act 2009. The court was required to assess whether the agreement met the criteria for procedural and substantive fairness, and whether it complied with the relevant industrial instruments and the overarching principles of Australian labour law.

The court examined the submissions and evidence presented by both parties. It considered the procedural fairness of the agreement, which included the process of consultation and negotiation between the employer and the unions. The court also evaluated the substantive fairness of the agreement, which involved scrutinising the terms and conditions proposed in the agreement to ensure they were not unduly disadvantageous to the employees. Furthermore, the court assessed the agreement's compliance with the Fair Work Act and other relevant industrial instruments. Ultimately, the court found that the agreement was both procedurally and substantively fair, and it complied with the applicable laws. Consequently, the court approved the Steelworks Enterprise Agreement 2023.

The final orders of the court included the approval of the Steelworks Enterprise Agreement 2023, effective from the date specified in the agreement. The court's decision provided legal certainty for the employer and the employees, ensuring that the terms and conditions of employment were governed by a legally binding and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established