Steel Cement Pty Ltd

[2025] FWCA 2180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Cement Pty Ltd

(AG2025/1859)

STEEL CEMENT (YARAVILLE) ENTERPRISE AGREEMENT 2025-2028

Cement and concrete products
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 2 JULY 2025

Application for approval of the Steel Cement (Yarraville) Enterprise Agreement 2025 -2028

Steel Cement Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Steel Cement (Yarraville) Enterprise Agreement 2025-2028 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Steel Cement (Yarraville) Enterprise Agreement 2025-2027” which does not exactly match the title of the Agreement to be approved. The NERR was also not in the form prescribed by the regulations. I am satisfied that these matters were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Steel Cement Pty Ltd sought approval of the Steel Cement (Yarraville) Enterprise Agreement 2025-2028. The applicant argued the agreement met the requirements of the Fair Work Act 2009 and provided fair terms and conditions for its employees. The application was contested by a union, arguing the agreement did not sufficiently protect employee rights and conditions.

The central legal issue was whether the agreement complied with the statutory criteria for approval under the Fair Work Act. The court had to consider whether the agreement had been made in accordance with the good faith bargaining requirements, whether it was made without coercion or undue influence, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the court had to examine whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement had been made in good faith, without coercion, and provided for fair and reasonable terms and conditions for the employees. The Commission considered the evidence presented by both parties and the provisions of the agreement, ultimately concluding that the agreement met the statutory requirements for approval. The Commission determined that the agreement was in the best interests of the employees and approved the application for the agreement's registration.

The Fair Work Commission approved the Steel Cement (Yarraville) Enterprise Agreement 2025-2028, and it was registered as a registered agreement under the Fair Work Act. The decision confirmed that the agreement met the statutory requirements for approval and provided fair and reasonable terms and conditions for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established