DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited
(AG2021/5864)

SIMSMETAL (TASMANIA) COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 JULY 2021

Application for approval of the Simsmetal (Tasmania) Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Simsmetal (Tasmania) Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sims Group Australia Holdings Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sims Group Australia Holdings Limited sought approval for the Simsmetal (Tasmania) Collective Agreement 2020 from the Fair Work Commission. The Agreement, which was to apply to employees of Simsmetal Tasmania Pty Ltd, proposed various terms and conditions of employment, including wages, working hours, leave provisions, and other employment-related matters. The application was made under the Fair Work Act 2009, which provides a framework for the resolution of workplace disputes and the regulation of workplace relations.

The legal issues before the Commission included whether the Agreement met the requirements for approval under the Fair Work Act, and whether the Agreement was made in accordance with the relevant provisions of the Act. Specifically, the Commission needed to consider whether the Agreement had been made without the coercion, duress or improper influence of any person; whether the Agreement was made in good faith and whether the Agreement was appropriate for the employees it covered. Additionally, the Commission had to ensure that the Agreement did not contravene any relevant national workplace relations laws.

The Commission found that the Agreement was made in good faith, without any improper influence, and that it was appropriate for the employees it covered. The Commission also found that the Agreement did not contravene any national workplace relations laws. The Agreement proposed reasonable terms and conditions of employment, which were negotiated in a fair and transparent manner. Furthermore, the Commission noted that the Agreement provided for a fair and balanced outcome for both employees and the employer. Therefore, the Commission approved the Simsmetal (Tasmania) Collective Agreement 2020.

The Fair Work Commission approved the Simsmetal (Tasmania) Collective Agreement 2020, finding that it met the requirements for approval under the Fair Work Act and did not contravene any relevant national workplace relations laws. The Agreement will now apply to employees of Simsmetal Tasmania Pty Ltd, providing them with the terms and conditions of employment set out in the Agreement.

Sims Group Australia Holdings Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established