DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited
(AG2015/2060)

SIMSMETAL, QUEENSLAND DIVISION COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 MARCH 2015

Application for approval of the SimsMetal, Queensland Division Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SimsMetal, Queensland Division 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 27 March 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 brought an application before the Fair Work Commission seeking approval of the SimsMetal, Queensland Division Collective Agreement 2015. The respondent, the National Tertiary Education Union, did not oppose the application but raised concerns about the agreement's provisions. The primary focus of the application was to obtain the necessary endorsement for the collective agreement that would govern the employment conditions of the employees within the SimsMetal, Queensland Division.

The central legal issue was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the fairness and reasonableness of the agreement's provisions. The Commission was required to consider whether the agreement met the criteria for approval, including whether it provided for the employees' minimum rights and entitlements as outlined in the Act.

The Commission determined that the SimsMetal, Queensland Division Collective Agreement 2015 was fair and reasonable, and thus met the requirements for approval under the Fair Work Act 2009. The Commission noted the agreement's provisions aligned with the minimum standards set by the Act and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission found no substantial or procedural unfairness in the agreement and granted the application for approval.

Accordingly, the Fair Work Commission approved the SimsMetal, Queensland Division Collective Agreement 2015, effective from the date of the Commission's decision. The approval signified the agreement's validity and enforceability under the Fair Work Act 2009, ensuring that the terms and conditions of employment for the employees covered by the agreement would be governed by the approved collective 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