DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SBS Minto Pty Ltd T/A Steel Building Systems
(AG2017/3171)

SBS MINTO PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries.
COMMISSIONER MCKINNON	MELBOURNE, 25 OCTOBER 2017

Application for approval of the SBS Minto Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SBS Minto Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SBS Minto Pty Ltd T/A Steel Building Systems. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves SBS Minto Pty Ltd, trading as Steel Building Systems, and its employees, who are members of the Building, Construction, Engineering, Mining and Energy Union (the Union). The dispute centred around the application for approval of the SBS Minto Pty Ltd Enterprise Agreement 2017. The court was asked to determine whether the agreement was a genuine enterprise agreement, as required under the Fair Work Act 2009. The legal issues that the court needed to address included whether the agreement had been negotiated in good faith, whether it had been properly agreed upon by the relevant parties, and whether it complied with the provisions of the Fair Work Act.

The court examined the process through which the agreement was negotiated and whether it involved genuine bargaining. It also assessed the extent to which the agreement covered all employees of the company and whether it provided for proper dispute resolution mechanisms. Furthermore, the court considered whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other employment-related matters. The court found that the agreement had been negotiated in good faith, was properly agreed upon by the relevant parties, and complied with the provisions of the Fair Work Act. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment.

In light of the above, the court approved the SBS Minto Pty Ltd Enterprise Agreement 2017. The court held that the agreement was a genuine enterprise agreement, as it had been negotiated in good faith and was properly agreed upon by the relevant parties. The court found that the agreement complied with the provisions of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the agreement, which will now apply to the employees of SBS Minto Pty Ltd.

SBS Minto Pty Ltd T/A Steel Building Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established