DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Steel Frame Solutions Pty Ltd
(AG2020/4097)

STEEL FRAME SOLUTIONS PTY LTD OFFICE EMPLOYEES ENTERPRISE AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 JANUARY 2021

Application for approval of the Steel Frame Solutions Pty Ltd Office employees Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Steel Frame Solutions Pty Ltd Office employees Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel Frame Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 29 January 2021 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 5 February 2021. The nominal expiry date of the Agreement is 29 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Steel Frame Solutions Pty Ltd, the applicant, sought approval of an enterprise agreement made with its employees, effective from 2020 to 2023. The applicant, a medium-sized construction business, aimed to formalise terms and conditions of employment for its office staff under the new agreement. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds, questioning the fairness and compliance of the proposed agreement with relevant legislative standards.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on procedural fairness, genuine agreement, and the absence of protected action. The Commission needed to determine if the agreement had been made freely, without coercion, and if it contained terms that were fair and reasonable, considering the nature of the employment and the bargaining power of the parties involved.

In examining the application, the Commission evaluated the process by which the agreement was negotiated and the extent to which it was genuinely agreed upon by both parties. The Commission also considered the terms of the agreement, including wages, working hours, and other employment conditions, against the benchmarks provided by the Fair Work Act and relevant awards. After thorough analysis, the Commission concluded that the agreement was procedurally fair, genuinely negotiated, and contained terms that were fair and reasonable. The Commission approved the application, finding no grounds for refusal under the legislation.

Consequently, the Fair Work Commission approved the Steel Frame Solutions Pty Ltd Office employees Enterprise Agreement 2020 - 2023, endorsing it as a legally binding document effective from the specified period. The decision confirmed the validity of the agreement and its compliance with statutory requirements, ensuring that the terms of employment were fairly negotiated and agreed upon by both parties.

Steel Frame Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established