Steel Foundations Limited Summary

[2016] FWCA 1094

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Foundations Limited t/a SFL Piletech

(AG2015/7136)

SFL PILETECH (VIC) ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 18 FEBRUARY 2016

Application for approval of the SFL Piletech (VIC) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

SFL Piletech (VIC) Enterprise Agreement 2015 - 2019 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel

Foundations Limited t/a SFL Piletech. 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, 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.
[2016] FWCA 1094

[4] The Agreement was approved on 18 February 2016 and, in accordance with s.54, will

operate from 25 February 2016. The nominal expiry date of the Agreement is 18 February

2020.

COMMISSIONER

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[2016] FWCA 1094

Annexure A

CaseChat Overview and Summary

Steel Foundations Limited, trading as SFL Piletech, applied for approval of the SFL Piletech (VIC) Enterprise Agreement 2015-2019 under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement covering the building, metal, and civil construction industries. The application was before Commissioner Roe in Melbourne on 18 February 2016. The Applicant had provided written undertakings that the agreement would not cause financial detriment to employees and would not result in substantial changes to the agreement.

The legal issues the court had to address included whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Act. Specifically, the court needed to determine if the agreement was fairly and genuinely negotiated, contained terms that were not unduly harsh, and did not substantially prejudice the employees. Commissioner Roe found that the agreement met these requirements subject to the undertakings provided by the Applicant.

The Commissioner was satisfied that the written undertakings provided by the Applicant would ensure that the agreement would not cause financial detriment to employees or result in substantial changes to the agreement. Commissioner Roe found that the agreement met the statutory requirements for approval and was satisfied that the agreement would operate fairly and beneficially for both the employer and employees. The agreement was approved on 18 February 2016 and will operate from 25 February 2016, with a nominal expiry date of 18 February 2020.

Steel Foundations Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established