Sims Group Australia Holdings Limited T/A Sims Metal

[2023] FWCA 2466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sims Group Australia Holdings Limited T/A Sims Metal

(AG2023/2210)

SIMS METAL, QUEENSLAND COLLECTIVE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 7 AUGUST 2023

Application for approval of the Sims Metal, Queensland Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sims Metal, Queensland Collective Agreement 2022 (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 T/A Sims Metal (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model flexibility term compliant with the Act. 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.

Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

Sims Group Australia Holdings Limited, trading as Sims Metal, filed an application for approval of the Sims Metal Queensland Collective Agreement 2022. The application was heard in the Fair Work Commission, the body responsible for resolving workplace disputes and ensuring compliance with the Fair Work Act 2009. The primary dispute centred around the terms and conditions of employment for workers covered by the agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved determining whether the agreement met the requirements for approval under the Fair Work Act, including compliance with relevant provisions regarding enterprise bargaining, the scope of the agreement, and the fairness of the terms. Additionally, the Commission had to assess whether the agreement would provide for efficient, productive, and flexible workplaces and whether it promoted high-quality employment practices.

In its decision, the Fair Work Commission found that the Sims Metal Queensland Collective Agreement 2022 was compliant with the statutory requirements. The Commission noted that the agreement was the result of genuine enterprise bargaining, it covered a defined group of employees, and the terms were fair and reasonable. The Commission approved the agreement, acknowledging its role in promoting efficient, productive, and flexible workplaces, as well as its alignment with the principles of high-quality employment practices. The decision confirmed the agreement as legally binding on the parties involved, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established