Sims Group Australia Holdings Limited T/A Sims Metal Management

[2018] FWCA 5998

[2018] FWCA 5998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims Metal Management
(AG2018/2982)

SIMS METAL LTD SYDNEY METROPOLITAN COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sims Metal Ltd Sydney Metropolitan Collective Agreement 2018 (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 Management. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  clause 44 – Abandonment of employment; and

•  clause 41 – Notice of termination

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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