Steel Building Systems Australia Pty Ltd Trading AS Supaloc

[2025] FWCA 3332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Building Systems Australia Pty Ltd Trading AS Supaloc

(AG2025/3174)

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 Chinderah 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

The matter involved Steel Building Systems Australia Pty Ltd, trading as Supaloc, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the application for approval of the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025. The Fair Work Commission heard the application. The central legal issues were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009 and if it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement fairly reflected the needs and interests of the employees and employers, including provisions for pay, conditions, and dispute resolution mechanisms.

The Commission examined the agreement clause by clause, assessing if each provision complied with the legislative framework. It considered whether the agreement provided for minimum terms and conditions of employment, including pay rates, leave entitlements, and penalty rates, as well as other terms and conditions necessary for the operation of a fair and efficient workplace. The Commission also reviewed the process by which the agreement was negotiated and if it adhered to the principles of good faith bargaining. In addition, the Commission assessed if the agreement included appropriate dispute resolution mechanisms and if it met the public interest test by not undermining the broader industrial relations system.

After thorough consideration, the Commission found that the agreement largely met the statutory requirements and was in the best interests of the employees. It noted that the agreement provided for fair terms and conditions of employment, including provisions for pay and conditions that were not detrimental to the employees. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement included adequate dispute resolution mechanisms. The agreement also passed the public interest test, as it did not undermine the broader industrial relations system. Consequently, the Commission approved the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established