Steel Building Systems Qld Pty Ltd T/A Steel Building Systems Qld Pty Ltd Summary

[2022] FWCA 2108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1952)

Steel Building Systems Qld Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 28 JUNE 2022

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

Steel Building Systems Qld Pty Ltd T/A Steel Building Systems Qld Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Steel Building Systems Qld 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 Qld Pty Ltd, trading as Steel Building Systems Qld Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The nature of the dispute involved the terms and conditions outlined in the proposed agreement and its compliance with relevant industrial laws. The application was heard by the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements and industrial relations in Australia.

The primary legal issues the court needed to address were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. The court examined whether the agreement contained all the mandated terms as per section 230 of the Act, whether it provided for minimum entitlements, and whether it had been made in good faith. Additionally, the court assessed if the agreement was free from any unlawful content and if it provided for fair dispute resolution mechanisms.

The Fair Work Commission found that the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2022 complied with the relevant provisions of the Fair Work Act. The agreement contained all mandated terms, provided for minimum entitlements, and was made in good faith. The court was satisfied that the agreement was free from any unlawful content and provided for fair dispute resolution mechanisms. Consequently, the commission approved the agreement, recognising it as a lawful and fair enterprise agreement under the Act.

The final order of the Fair Work Commission was the approval of the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2022. The agreement was deemed to be in compliance with the requirements of the Fair Work Act and was thus registered and enforceable as an enterprise agreement. This decision ensures that the terms and conditions set out in the agreement are binding on the parties and provide a lawful framework for the employment relationship.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established