| [2025] FWCA 3123 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sims Group Australia Holdings Limited Trading AS Sims Metal
(AG2025/2852)
SIMS METAL (TASMANIA) COLLECTIVE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER FOX | MELBOURNE, 18 SEPTEMBER 2025 |
Application for approval of the Sims Metal (Tasmania) Collective Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Sims Metal (Tasmania) Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sims Group Australia Holdings Limited T/A Sims Metal (the Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved, and in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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Annexure A
- AGLC
- Sims Group Australia Holdings Limited Trading AS Sims Metal [2025] FWCA 3123
- Case
- [2025] FWCA 3123
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to decide were whether the agreement met the statutory requirements for a modern award and if it provided adequate terms and conditions of employment. This involved assessing whether the agreement contained all the mandated minimum entitlements, such as minimum wage rates, penalty rates, leave entitlements, and other employment conditions as prescribed by the Fair Work Act 2009. Additionally, the court needed to consider if the agreement complied with the procedural requirements for its making, such as the process for consultation and notification.
The Fair Work Commission found that the Sims Metal (Tasmania) Collective Agreement 2024 complied with all the statutory requirements and provided appropriate terms and conditions for the employees. The agreement contained all the mandated minimum entitlements and met the procedural requirements for its making. The Commission approved the agreement, noting that it provided a fair and balanced outcome for both the employer and employees. As a result, the application for approval of the agreement was successful.
The Fair Work Commission approved the Sims Metal (Tasmania) Collective Agreement 2024, and it became effective as of the date of the decision. The agreement was to be applied to the employees of Sims Metal in Tasmania and would remain in force until it was replaced or terminated in accordance with the Fair Work Act 2009. The decision provided certainty for both the employer and employees regarding the terms and conditions of employment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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