DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Ltd T/A Sims Metal Management
(AG2018/3326)

SIMSMETAL, QUEENSLAND DIVISION COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the SimsMetal, Queensland Division Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SimsMetal, Queensland Division 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 Ltd T/A Sims Metal Management. The agreement is a single enterprise agreement.

[2] The Employer 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 November 2018 and, in accordance with s.54, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the matter were Sims Group Australia Holdings Ltd, trading as Sims Metal Management, and its employees. The dispute centred around the approval of the SimsMetal, Queensland Division Collective Agreement 2018. The Fair Work Commission was the court that presided over the case. The Fair Work Commission was tasked with deciding whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the provisions of section 230 of the Act, which mandates that agreements must provide for the resolution of disputes between employers and employees, and section 227, which stipulates that agreements must not have the effect of prejudicing the rights of employees.

The Commission carefully reviewed the agreement to assess whether it provided adequate mechanisms for resolving disputes and whether it unfairly prejudiced the rights of employees. It examined the language and provisions of the agreement to ensure they met the legislative standards. The Commission found that the agreement contained appropriate dispute resolution processes and did not prejudice the rights of employees, thus meeting the requirements of the Fair Work Act 2009. The Commission approved the SimsMetal, Queensland Division Collective Agreement 2018, recognising its compliance with the necessary legislative standards.

Consequently, the Fair Work Commission granted the application for approval of the SimsMetal, Queensland Division Collective Agreement 2018. The approval signified that the agreement was in line with the legislative requirements and could be implemented between the employer and its employees. This decision provided clarity and certainty regarding the application of the agreement within the Queensland Division of Sims Metal Management.

Sims Group Australia Holdings Ltd 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