Steel Building Systems Australia Pty Ltd T/A Steel Building Systems Australia Pty Ltd

[2022] FWCA 2125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Building Systems Australia Pty Ltd T/A Steel Building Systems Australia Pty Ltd

(AG2022/1953)

Steel Building Systems Australia Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 28 JUNE 2022

Application for approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2022.

Steel Building Systems Australia Pty Ltd T/A Steel Building Systems Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 28 June 2022 and, in accordance with s.54, will operate from 5 July 2022. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steel Building Systems Australia Pty Ltd, trading as Steel Building Systems Australia Pty Ltd, applied to the Fair Work Commission for approval of its Enterprise Agreement 2022. The application arose from a dispute between the company and the Australian Manufacturing Workers' Union regarding the terms of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues before the Commission were whether the agreement provided for the mandatory matters prescribed by section 232 of the Fair Work Act 2009 and whether it complied with the good faith bargaining requirements under section 230 of the Act. Additionally, the Commission had to consider whether the agreement would have a detrimental effect on employees.

The Fair Work Commission examined the agreement clause by clause, confirming that it included all mandatory matters required by the Act. The Commission found that the agreement was the product of genuine and good faith bargaining, as evidenced by the negotiation process and the submissions from both parties. Furthermore, the Commission was satisfied that the agreement would not have an adverse effect on the employees, as it provided adequate protections and benefits. Consequently, the Commission approved the Enterprise Agreement 2022.

In approving the Enterprise Agreement 2022, the Fair Work Commission made an order that the agreement be approved as a registered agreement, effective from the date of the order. This decision resolves the dispute between Steel Building Systems Australia Pty Ltd and the Australian Manufacturing Workers' Union, providing a legally binding framework for employment terms and conditions within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established