DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Queensland Steel Pty Ltd
(AG2016/4227)

SOUTHERN QUEENSLAND STEEL 2016 ENTERPRISE AGREEMENT

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COMMISSIONER GREGORY	MELBOURNE, 29 SEPTEMBER 2016

Application for approval of the Southern Queensland Steel 2016 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Southern Queensland Steel 2016 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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2016. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

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CaseChat Overview and Summary

Southern Queensland Steel Pty Ltd was the subject of an application for the approval of the Southern Queensland Steel 2016 Enterprise Agreement, which was presented to the Fair Work Commission. The applicant, Southern Queensland Steel, sought approval of the agreement, while the respondent, the Australian Manufacturing Workers' Union, contested the application. The agreement in question was intended to regulate the terms and conditions of employment for the employees of Southern Queensland Steel.

The primary legal issue before the court was whether the proposed enterprise agreement was fair and reasonable in all its terms. The court had to consider whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees, and whether it met the criteria for approval as stipulated in the Fair Work Act 2009. This involved examining the provisions of the agreement and determining if they aligned with the principles of fairness and reasonableness, particularly in relation to the employees' terms and conditions of employment.

The court reviewed the provisions of the agreement and found that it provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The agreement addressed various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court concluded that the agreement met the criteria for approval as it provided for a fair and reasonable balance of rights and obligations, and it was in line with the principles of fairness and reasonableness as outlined in the Fair Work Act 2009. Consequently, the court granted approval of the Southern Queensland Steel 2016 Enterprise Agreement.

Southern Queensland Steel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established