DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SBS Australia Pty Ltd T/A SBS Australia
(AG2015/7506)

STEEL BUILDING SYSTEMS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SBS Australia Pty Ltd T/A SBS Australia. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2015. The nominal expiry date of the Agreement is 20 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SBS Australia Pty Ltd T/A SBS Australia was before the Fair Work Commission, where the company sought approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2015. The dispute centred on the application for the enterprise agreement's approval, with the applicant seeking to formalise terms and conditions for employees within the organisation.

The primary legal issue before the commission was whether the agreement met the requirements for approval as set out in the Fair Work Act 2009. This involved examining if the agreement included all mandated provisions, if it was free from prohibited content, and if it had been fairly and appropriately negotiated. The commission had to determine if the process by which the agreement was developed adhered to the necessary legal standards.

After reviewing the documentation and evidence presented, the commission found that the agreement was comprehensive and complied with all legislative requirements. The terms were deemed to be fair and reasonable, reflecting a balance between the interests of both the employer and employees. Consequently, the commission approved the enterprise agreement, recognising its compliance with the necessary statutory criteria.

The final orders confirmed the approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2015, setting forth the terms and conditions agreed upon for the employees covered by the agreement.

SBS Australia Pty Ltd T/A SBS Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established