DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Foundations Limited T/A SFL Piletech
(AG2016/3903)

SFL PILETECH (QLD) ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 AUGUST 2016

Application for approval of the SFL Piletech (QLD) Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the SFL Piletech (QLD) Enterprise Agreement 2016 - 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 25 August 2016 and, in accordance with s.54, will operate from 1 September 2016. The nominal expiry date of the Agreement is 25 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Steel Foundations Limited T/A SFL Piletech applied to the Fair Work Commission for approval of the SFL Piletech (QLD) Enterprise Agreement 2016-2020. The applicant, a company operating in the construction industry, sought the approval of an enterprise agreement it had negotiated with the Australian Manufacturing Workers' Union. The dispute arose from disagreements over certain terms of the proposed agreement, including the classification of employees, pay rates, and working conditions. The matter was heard by the Fair Work Commission, a specialist tribunal with jurisdiction over workplace relations matters in Australia.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, whether it contained the mandated minimum terms and conditions, and if it complied with the procedural requirements for enterprise agreements. The applicant argued that the agreement was fair and reasonable, and had been made in good faith. The union, on the other hand, contended that certain provisions of the agreement did not meet the statutory requirements and had not been negotiated in good faith.

After considering the submissions from both parties, the Commission found that the proposed enterprise agreement was generally fair and reasonable, and had been made in good faith. The Commission acknowledged that some provisions of the agreement did not strictly comply with the statutory requirements, but considered that these deviations were minor and did not undermine the overall fairness of the agreement. The Commission was satisfied that the agreement contained the mandated minimum terms and conditions, and that it complied with the procedural requirements for enterprise agreements. As such, the Commission approved the SFL Piletech (QLD) Enterprise Agreement 2016-2020.

The Commission's approval of the enterprise agreement means that it will now be legally binding on the parties and their employees. The agreement sets out the terms and conditions of employment for the employees covered by the agreement, including their classification, pay rates, and working conditions. The approval of the enterprise agreement is an important step in resolving the dispute between the parties and ensuring that the employees of Steel Foundations Limited T/A SFL Piletech are provided with fair and reasonable terms of employment.

Steel Foundations Limited T/A SFL Piletech

DECISION

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