Sims Group Australia Limited T/A Simsmetal Limited

[2017] FWCA 6767

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Sims Group Australia Limited T/A Simsmetal Limited

(AG2017/4097)

Simsmetal (TasmaniA) Collective Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Simsmetal (Tasmania) Collective Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Simsmetal (Tasmania) Collective Agreement 2017 (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 Limited T/A Simsmetal Limited. The Agreement is a single enterprise agreement.

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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sims Group Australia Limited, trading as Simsmetal Limited, brought an application before the Fair Work Commission seeking approval of the Simsmetal (Tasmania) Collective Agreement 2017. The application arose from the company's desire to formalise its employment terms with its Tasmanian employees under a new collective agreement. The dispute centred on whether the proposed agreement complied with the relevant legislative provisions and adequately represented the interests of the employees.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the requirements set out in the Fair Work Act 2009, and whether it appropriately balanced the interests of the employer and the employees. The Commission needed to determine if the agreement was made in good faith and if it adhered to the procedural fairness required by law. Additionally, the Commission assessed whether the agreement provided fair and reasonable terms for the employees.

The Commission carefully reviewed the negotiation process and found that the agreement was genuinely negotiated and represented the views of the employees. It found that the agreement met the requirements of the Fair Work Act 2009, including the provisions for good faith bargaining and procedural fairness. The Commission also considered the balance of the agreement, concluding that it provided fair and reasonable terms for the employees, taking into account the economic and operational context. Based on these findings, the Commission approved the Simsmetal (Tasmania) Collective Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established