DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims Metal
(AG2021/4328)

SIMS METAL LTD NEWCASTLE COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 APRIL 2021

Application for approval of the Sims Metal Ltd Newcastle Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sims Metal Ltd Newcastle Collective Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to subsection 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.

[7] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 April 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sims Group Australia Holdings Limited, trading as Sims Metal, applied to the Fair Work Commission for the approval of the Sims Metal Ltd Newcastle Collective Agreement 2020. The dispute centred around the terms and conditions of employment for workers at the Newcastle site, including wages, hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement contained all the mandated terms as per the Fair Work Act and whether it complied with the provisions concerning the procedural fairness in its formation. The Commission had to assess if the agreement was made in a manner that ensured genuine bargaining, and whether it was fair and reasonable considering the interests of both employees and the employer.

In delivering its decision, the Commission found that the agreement contained all the required terms and was formed through a process that met the criteria for genuine bargaining. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the Fair Work Commission approved the Sims Metal Ltd Newcastle Collective Agreement 2020.

Sims Group Australia Holdings Limited T/A Sims Metal

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established