Sims Group Australia Holdings Limited T/A Sims Metal

[2021] FWCA 7188

[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

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