Sims Group Australia Holdings Limited T/A Sims Metal

[2021] FWCA 7188

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
(AG2021/8747)

SIMS METAL SA COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 17 DECEMBER 2021

Application for approval of the Sims Metal SA Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sims Metal SA 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 T/A Sims Metal (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Transport Workers’ Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sims Group Australia Holdings Limited, trading as Sims Metal, brought an application before the Fair Work Commission seeking approval of the Sims Metal SA Collective Agreement 2020. The application involved the terms and conditions of employment for employees of Sims Metal in South Australia. The primary dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The court had to determine if the agreement was "appropriately certified" under section 233 of the Act. This involved assessing whether the agreement met the requirements for certification, including that it was made in good faith and the proper procedures were followed. The court also needed to consider whether the agreement complied with the provisions regarding minimum terms and conditions set out in the Fair Work Act.

In examining the agreement, the Fair Work Commission found that the agreement was appropriately certified. The Commission noted that the agreement was made in good faith and followed the proper procedures, including the provision of necessary information to employees and the opportunity for employee representatives to be consulted. The Commission also determined that the agreement met all statutory minimum terms and conditions, and thus, complied with the requirements of the Fair Work Act. The court concluded that the Sims Metal SA Collective Agreement 2020 was appropriately certified and approved it for registration.

The Fair Work Commission approved the Sims Metal SA Collective Agreement 2020 for registration, effective from the date of the decision. This approval ensures that the agreement will govern the employment terms and conditions of the employees covered by it, provided that all other legal requirements are met. The decision reinforces the importance of ensuring that collective agreements are appropriately certified and comply with the statutory minimum standards set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established