Sims Group Australia Holdings Ltd T/A Sims Metal Summary

[2021] FWCA 7289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Group Australia Holdings Ltd T/A Sims Metal
(AG2021/8721)

SIMS METAL VICTORIAN COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Sims Metal Victorian Collective Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Sims Metal Victorian Collective Agreement 2020 (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. 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sims Group Australia Holdings Ltd, trading as Sims Metal, sought the approval of the Sims Metal Victorian Collective Agreement 2020 from the Fair Work Commission. The application was lodged to formalise and regulate the employment terms and conditions of its employees in the state of Victoria. The court was asked to consider the application and determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for the fair and equitable terms and conditions of employment and whether it adhered to the procedural requirements as outlined in the Fair Work Act. The court also needed to determine if the agreement was free from any illegality or unfairness, and if it met the provisions for good faith bargaining as required by the legislation.

The Fair Work Commission found that the agreement was both procedurally and substantively compliant with the statutory requirements. The agreement was found to provide fair and equitable terms for the employees, and the process by which it was negotiated was deemed to be in good faith. The commission also determined that there was no illegality or unfairness in the agreement, and it met all necessary criteria under the Fair Work Act. Therefore, the Sims Metal Victorian Collective Agreement 2020 was approved by the court.

The final orders of the court were that the Sims Metal Victorian Collective Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. This decision confirmed the agreement's validity and enforceability, ensuring that the terms and conditions it contained would govern the employment relationship between Sims Metal and its employees in Victoria.

Sims Group Australia Holdings Ltd T/A Sims Metal

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established