DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Limited T/A Sims Metal Management
(AG2017/1421)

SIMSMETAL PERTH METROPOLITAN COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JUNE 2017

Application for approval of the Simsmetal Perth Metropolitan Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Simsmetal Perth Metropolitan Collective Agreement 2016. 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 31 October 2019.

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 Management, brought an application before the Fair Work Commission for approval of the Simsmetal Perth Metropolitan Collective Agreement 2016. The agreement aimed to govern the terms and conditions of employment for certain employees in the Perth metropolitan area. The application was contested by the Australian Manufacturing Workers' Union, who raised concerns regarding the proposed changes to employee entitlements and conditions.

The central legal issues before the Commission involved whether the proposed changes to the collective agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the balance of rights and interests between the employer and the employees, ensuring that the agreement did not unfavourably discriminate against any group of employees and that it was not contrary to the objectives of the Act.

The Fair Work Commission determined that the proposed changes in the Simsmetal Perth Metropolitan Collective Agreement 2016 were fair and reasonable. The Commission found that the agreement did not unfavourably discriminate against any group of employees and complied with the objectives of the Fair Work Act 2009. The Commission considered the parties' bargaining positions, the nature of the changes proposed, and the overall balance of rights and interests. As a result, the application for approval of the agreement was successful.

The Fair Work Commission approved the Simsmetal Perth Metropolitan Collective Agreement 2016, effective from the date of the Commission's decision. This outcome provided certainty for both the employer and employees in the Perth metropolitan area, governing their terms and conditions of employment. The approval of the agreement demonstrated the Commission's commitment to ensuring fair and reasonable outcomes in the resolution of workplace disputes.

Sims Group Australia Holdings Limited T/A Sims Metal Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established