DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Frame Solutions Pty Ltd
(AG2018/5757)

STEEL FRAME SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 APRIL 2019

Application for approval of the Steel Frame Solutions Pty Ltd Enterprise Agreement 2018-2021.

[1] Steel Frame Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Steel Frame Solutions Pty Ltd Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Steel Frame Solutions Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the proposed enterprise agreement between the employer and its employees. The applicant, Steel Frame Solutions Pty Ltd, sought the approval of the enterprise agreement which was intended to govern the terms and conditions of employment for the period 2018-2021. The nature of the dispute centred around the adequacy and fairness of the proposed terms of the agreement, particularly in light of the obligations under the Fair Work Act 2009 (Cth).

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as set out in the Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions of employment that were no less favourable than the applicable modern award and whether it contained appropriate mechanisms for the resolution of workplace disputes. Furthermore, the Commission needed to ensure that the agreement had been made in good faith and without coercion, and that it complied with other statutory requirements.

In its reasoning, the Commission considered various factors including the negotiation process, the content of the proposed agreement, and the views of the parties involved. The Commission noted that the agreement contained provisions that were generally in line with the applicable award and included standard dispute resolution mechanisms. The Commission also found that the negotiation process had been conducted in good faith and that there was no evidence of coercion. After reviewing all the evidence and submissions, the Commission concluded that the proposed enterprise agreement met the necessary criteria for approval and did not unfairly disadvantage any party.

The Fair Work Commission approved the Steel Frame Solutions Pty Ltd Enterprise Agreement 2018-2021. The decision confirmed the agreement as a valid and legally binding document governing the employment terms and conditions of the employees during the specified period. This approval ensures that the agreement will be used as the basis for resolving workplace issues and that it provides a fair and balanced framework for the employer and employees.

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