DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sims Group Australia Holdings Limited
(AG2015/2856)

SIMS METAL LTD SYDNEY METROPOLITAN COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
Sims Metal Ltd Sydney Metropolitan Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sims Group Australia Holdings Limited recently appeared before the Fair Work Commission in an application for the approval of the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2015. The applicant, Sims Group Australia Holdings Limited, sought the approval of the collective agreement which governs the employment terms and conditions of workers in the Sydney metropolitan area employed by Sims Metal Ltd. The dispute arose from the negotiation and subsequent drafting of the collective agreement, with a focus on the fairness and compliance of the proposed terms and conditions with relevant industrial laws and standards.

The primary legal issues before the Commission were whether the collective agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement. The Commission had to determine if the negotiation process adhered to the necessary procedural requirements and whether the terms and conditions of employment were fair and reasonable, taking into account the interests of both the employees and the employer.

The Commission examined the evidence and submissions presented by both parties, focusing on the negotiation process, the terms of the agreement, and their implications for the employees and the employer. The Commission found that the negotiation process was conducted in a procedurally fair manner, with all relevant stakeholders given the opportunity to participate. In terms of substantive fairness, the Commission considered the balance of the agreement, noting the provisions regarding wages, hours of work, leave entitlements, and other employment conditions. Ultimately, the Commission determined that the collective agreement was fair and reasonable, and thus approved the agreement, subject to the minor modifications proposed by the Commission to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission approved the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2015, with the specified modifications, and directed that the agreement be registered with the Fair Work Commission. This decision ensures that the collective agreement is legally binding and enforceable for the employees and the employer, providing a framework for fair and reasonable employment terms and conditions.

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