Steel Building Systems Qld Pty Ltd T/A Supaloc

Case [2016] FWCA 3354


[2016] FWCA 3354
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Steel Building Systems Qld Pty Ltd T/A Supaloc
(AG2016/3132)

STEEL BUILDING SYSTEMS QLD PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 26 MAY 2016

Application for approval of the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel Building Systems Qld Pty Ltd T/A Supaloc. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 26 May 2019.

DEPUTY PRESIDENT

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Annexure A

Details
AGLC
Steel Building Systems Qld Pty Ltd T/A Supaloc [2016] FWCA 3354
Case
[2016] FWCA 3354
Decision Date

CaseChat Overview and Summary

Steel Building Systems Qld Pty Ltd, trading as Supaloc, applied to the Fair Work Commission for approval of the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2016. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The key issues before the Commission were whether the agreement was appropriately made, if it contained the mandated minimum terms and conditions, and if it complied with the provisions of the Fair Work Act.

The Commission found that the agreement was appropriately made, as it was formed in good faith and without any improper conduct. The agreement contained all the mandated minimum terms and conditions, including those related to wages, hours of work, and other employment-related matters. The Commission also found that the agreement complied with the provisions of the Fair Work Act. As a result, the Commission approved the Steel Building Systems Qld Pty Ltd Enterprise Agreement 2016. The approval allows the agreement to be registered and enforceable under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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