DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Frame Solutions Pty Ltd T/A Steel Frame Solutions
(AG2015/5545)

STEEL FRAME SOLUTIONS PTY LTD (THE COMPANY) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Steel Frame Solutions Pty Ltd (the Company) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Steel Frame Solutions Pty Ltd (the Company) Enterprise Agreement 2015-2018 (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 T/A Steel Frame Solutions. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Steel Frame Solutions Pty Ltd, trading as Steel Frame Solutions, applied for approval of its Enterprise Agreement 2015-2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement contained provisions that were contrary to public policy and not in the best interests of the employees. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether certain provisions in the proposed agreement contravened public policy and whether the agreement was in the best interests of the employees. The CFMEU argued that specific provisions regarding the use of non-union labour and the limitation of the union's ability to represent employees were against public policy. Furthermore, the CFMEU contended that the agreement did not adequately protect employees' rights and interests.

The Commission considered the arguments presented by both parties and examined the provisions of the Fair Work Act. The Commission held that the agreement contained provisions that were contrary to public policy, particularly those that allowed for the use of non-union labour and limited the union's ability to represent employees. The Commission determined that these provisions were not in the best interests of the employees and thus did not meet the statutory criteria for approval. Consequently, the application for approval of the Enterprise Agreement 2015-2018 was dismissed.

Steel Frame Solutions Pty Ltd T/A Steel Frame Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established