Steel Building Systems Australia Pty Ltd Trading AS Supaloc

[2025] FWCA 3334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Building Systems Australia Pty Ltd Trading AS Supaloc

(AG2025/3176)

STEEL BUILDING SYSTEMS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 3 OCTOBER 2025

Application for approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025

Steel Building Systems Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement and is covers the Employer and its employees at its Edinburgh site.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 10 October 2025. The nominal expiry date of the Agreement is 10 October 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steel Building Systems Australia Pty Ltd, trading as Supaloc, applied for approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025. The Fair Work Commission was tasked with assessing the agreement to ensure it met the necessary criteria for approval under the Fair Work Act 2009. The application arose amidst a dispute over the terms of the proposed enterprise agreement, which sought to regulate the working conditions and remuneration of the employees of Supaloc.

The primary legal issue before the Commission was whether the agreement provided for the fair and reasonable remuneration of employees and complied with all the statutory requirements outlined in the Fair Work Act. This included determining if the agreement appropriately addressed the needs and interests of the employees, particularly in terms of wages, working conditions, and other employment-related matters. Additionally, the Commission had to consider whether the agreement met the threshold for "better off overall" as required by the legislation.

The Fair Work Commission concluded that the enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was fair and reasonable in its terms, providing for appropriate remuneration and working conditions. The Commission also determined that the agreement satisfied the "better off overall" test, ensuring that the employees would be better off under the terms of the agreement than they would be under the applicable award or other industrial instrument. The Commission's decision was based on a detailed analysis of the agreement, taking into account the submissions from both Supaloc and the employees' representatives.

The Fair Work Commission approved the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025, confirming that it met all the legal requirements for approval under the Fair Work Act. The agreement was deemed to provide fair and reasonable terms for the employees, and it satisfied the "better off overall" test. The Commission's decision was a formal recognition of the negotiated terms between the employer and the employees, ensuring that the agreement would govern the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established