Steel Foundations Limited Summary

[2016] FWCA 1124

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Foundations Limited t/a SFL Piletech

(AG2015/7168)

SFL PILETECH (NSW) ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 19 FEBRUARY 2016

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

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

SFL Piletech (NSW) 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 1124

[4] The Agreement was approved on 19 February 2016 and, in accordance with s.54, will

operate from 26 February 2016. The nominal expiry date of the Agreement is 19 February

2020.

COMMISSIONER

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[2016] FWCA 1124

Annexure A

CaseChat Overview and Summary

Steel Foundations Limited t/a SFL Piletech applied for the approval of the SFL Piletech (NSW) Enterprise Agreement 2015-2019, a single enterprise agreement, under section 185 of the Fair Work Act 2009. The applicant provided written undertakings, which the Commissioner was satisfied would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commissioner determined that the applicant had met all relevant requirements of sections 186, 187, 188, and 190 of the Act.

The central legal issue before the Commissioner was whether the agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement complied with the procedural and substantive requirements set forth in the Act, and whether the undertakings provided by the applicant were sufficient to ensure that no financial detriment would be caused to employees and that no substantial changes would be made to the agreement. The Commissioner's role was to determine if the agreement was fair and met the legal standards for approval.

The Commissioner found that the agreement satisfied all the relevant requirements for approval. The written undertakings provided by the applicant were deemed adequate, and the Commissioner was satisfied that they would not lead to any financial detriment for employees or substantial changes to the agreement. Therefore, the Commissioner approved the agreement, which will operate from 26 February 2016 and expire on 19 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