DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited
(AG2021/5685)

SIMS METAL LTD SYDNEY METROPOLITAN COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2021

Application for approval of the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2021 (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] 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Sims Group Australia Holdings Limited was the subject of an application before the Fair Work Commission for approval of the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2021. The applicant, Sims Group, sought to have the agreement, which outlined terms and conditions for employees within the Sydney metropolitan area, formally approved and recognised under the Fair Work Act 2009. The dispute primarily concerned the procedural and substantive fairness of the agreement, including whether the agreement had been genuinely bargained for, and if it appropriately represented the interests of the employees involved.

The legal issues before the Commission included whether the agreement complied with the statutory requirements set out in the Fair Work Act, particularly in relation to procedural fairness and the genuineness of the bargaining process. The Commission had to determine if there was evidence of coercion or undue influence that might undermine the voluntary nature of the agreement. Additionally, the Commission needed to assess whether the terms of the agreement were fair and reasonable, taking into account various factors such as industry standards, economic conditions, and the interests of both employers and employees.

In its decision, the Fair Work Commission found that the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2021 was procedurally fair and genuinely bargained for. The Commission noted that the agreement was the result of extensive negotiations between the employer and employee representatives, and it was evident that both parties had engaged in good faith. The Commission also concluded that the terms of the agreement were fair and reasonable, considering the economic climate and the specific needs of the industry. As a result, the Commission approved the agreement, which will now be recognised as a registered instrument under the Fair Work Act.

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