DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Ltd T/A Sims Metal Management
(AG2016/2559)

SIMSMETAL VICTORIAN COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2016

Application for approval of the Simsmetal Victorian Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Simsmetal Victorian Collective Agreement 2015 (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 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 March 2016 and, in accordance with s.54, will operate from 5 April 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sims Group Australia Holdings Ltd, trading as Sims Metal Management, applied to the Fair Work Commission for the approval of the Simsmetal Victorian Collective Agreement 2015. The dispute involved the terms and conditions of employment for workers under the agreement. The Fair Work Commission heard the application, tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the required terms, adhered to the provisions of the Fair Work Act, and was made in good faith. The Commission also had to consider if the agreement provided for fair and reasonable terms and conditions of employment, as well as whether it aligned with the broader objectives of the Fair Work Act to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission examined the contents of the agreement and found that it included all the mandated terms and was compliant with the legislative requirements. The Commission determined that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was in line with the objectives of the Fair Work Act and approved the Simsmetal Victorian Collective Agreement 2015.

The final order of the Fair Work Commission was the approval of the Simsmetal Victorian Collective Agreement 2015, recognising it as a certified agreement under the Fair Work Act. This approval meant that the terms and conditions set out in the agreement would govern the employment of the relevant workers in Victoria.

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