Steel Building Systems Australia Pty Ltd Trading AS Supaloc Summary

[2025] FWCA 3335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Building Systems Australia Pty Ltd Trading AS Supaloc

(AG2025/3178)

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 Minto 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 sought approval for the Enterprise Agreement 2025 from the Fair Work Commission. The applicants, Supaloc and the Building and Construction Trades Employees Union, argued that the agreement should be certified as it met the requirements of the Fair Work Act 2009. The Australian Building and Construction Commission, however, opposed the application, asserting that the agreement did not comply with several statutory provisions.

The central legal issues before the Commission were whether the agreement adequately covered minimum terms and conditions, whether it was free from prohibited content, and whether it complied with procedural requirements. The Commission needed to determine if the agreement provided for appropriate minimum wages and conditions, did not contain provisions that contravened the Act, and if the negotiation process was conducted in accordance with the law.

The Fair Work Commission assessed the agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement provided for the minimum terms and conditions as required by the Act, including minimum wages and standard hours of work. It also concluded that the agreement did not contain any prohibited content and was free from provisions that would undermine the protections provided by the Act. Additionally, the Commission determined that the negotiation process was conducted in a manner consistent with the procedural requirements of the Act. Based on these findings, the Commission approved the Enterprise Agreement 2025.

The Fair Work Commission approved the Steel Building Systems Australia Pty Ltd Enterprise Agreement 2025, certifying it as a registered agreement under the Fair Work Act 2009.

Steel Building Systems Australia Pty Ltd Trading AS Supaloc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established