Stainless Industries Pty Ltd T/A Western Stainless Solutions Summary

[2021] FWCA 7301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stainless Industries Pty Ltd T/A Western Stainless Solutions
(AG2021/8699)

WESTERN STAINLESS SOLUTIONS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Western Stainless Solutions Enterprise Agreement 2021.

[1] Stainless Industries Pty Ltd T/A Western Stainless Solutions has applied for approval of a single enterprise agreement known as the Western Stainless Solutions Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 31 December 2021. The nominal expiry date of the Agreement is 23 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A:

CaseChat Overview and Summary

Stainless Industries Pty Ltd, trading as Western Stainless Solutions, applied to the Fair Work Commission for approval of the Western Stainless Solutions Enterprise Agreement 2021. The dispute centred on the terms and conditions of employment set forth in the proposed agreement and whether it met the criteria for registration under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions and did not adversely affect employees' rights or entitlements.

The primary legal issues involved scrutiny of the proposed agreement's compliance with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the provisions for direct or indirect dismissals, redundancy payments, and ensuring employees' rights were not undermined. The Commission also had to consider the impact on bargaining outcomes and whether the agreement facilitated genuine negotiation between the employer and the employees.

The Commission found that the proposed agreement met the statutory requirements for approval. It determined that the agreement provided fair and reasonable terms and conditions, did not unjustifiably diminish employees' rights, and did not unfairly dismiss or cause redundancy. The Commission also found that the agreement was the result of genuine bargaining between the parties. The application was thus approved, and the agreement was registered under the Fair Work Act 2009.

Stainless Industries Pty Ltd T/A Western Stainless Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established