| [2018] FWCA 709 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Southern Queensland Steel Pty. Ltd.
(AG2017/5682)
Southern Queensland Steel 2018 Enterprise Agreement
| Storage services | |
| Commissioner Lee | MELBOURNE, 2 FEBRUARY 2018 |
Application for approval of the Southern Queensland Steel 2018 Enterprise Agreement.
An application has been made for approval of an enterprise agreement known as the Southern Queensland Steel 2018 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Queensland Steel Pty. Ltd. 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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The National Union of Workers 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 9 February 2018. The nominal expiry date of the Agreement is 1 February 2021.
COMMISSIONER
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Annexure A
- AGLC
- Southern Queensland Steel Pty. Ltd. [2018] FWCA 709
- Case
- [2018] FWCA 709
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement. This meant the Commission had to consider whether the agreement would provide employees with a total package of wages and conditions that was at least as good as what they would have under the applicable awards. The Commission also had to assess whether the agreement met the procedural requirements for approval, including the necessity of genuine bargaining.
In delivering its decision, the Commission found that the proposed agreement did meet the BOOT. The agreement provided for improved wages and conditions for employees, ensuring they were at least as well off as they would be under the applicable awards. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith, and all procedural requirements had been met. Consequently, the Commission approved the 2018 Enterprise Agreement.
The Fair Work Commission's approval of the agreement now allows Southern Queensland Steel and its employees to operate under the new terms and conditions set out in the enterprise agreement, providing certainty and stability in their employment relationship.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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