Sims Metal Management Summary

[2013] FWCA 9958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sims Metal Management
(AG2013/11937)

SIMSMETAL VICTORIAN COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Simsmetal Victorian Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Simsmetal Victorian Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Sims Metal Management. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 December 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sims Metal Management Pty Ltd sought approval of the Simsmetal Victorian Collective Agreement 2013, which outlined the terms of employment for its employees. The matter was heard in the Fair Work Commission, where Sims Metal Management contended that the agreement was necessary to maintain the competitiveness of its business in the scrap metal industry. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement contained provisions that were not in the best interests of the employees.

The key legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which sets out the criteria for the approval of an enterprise agreement. Specifically, the Commission had to determine whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, and whether it promoted harmonious, productive and economic workplace relations.

The Commission found that the agreement met the requirements of section 231 of the Fair Work Act. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved leave provisions and better working conditions. The Commission also found that the agreement promoted harmonious, productive and economic workplace relations, as it provided for a clear and effective dispute resolution process. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Simsmetal Victorian Collective Agreement 2013. The Commission found that the agreement met the requirements of section 231 of the Fair Work Act, and that it provided for the fair and reasonable terms and conditions of employment for the employees. The Commission also found that the agreement promoted harmonious, productive and economic workplace relations.

Sims Metal Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established