Steel-Haul Pty Ltd T/A Steel Haul

[2014] FWCA 4025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel-Haul Pty Ltd T/A Steel Haul
(AG2014/1189)

STEEL HAUL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 JUNE 2014

Application for approval of the Steel Haul Holdings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Steel Haul Holdings Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

[4] I had some concerns regarding the Superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his/their support for the undertaking.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Steel-Haul Pty Ltd, trading as Steel Haul, sought approval of the Steel Haul Holdings Pty Ltd Enterprise Agreement 2014. The application arose from the need to formalise and approve the terms of employment for workers under the enterprise agreement. The Commission had to determine whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the minimum wage rates, and if it adhered to the procedural requirements for making an enterprise agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it appropriately balanced the interests of employees and employers.

In evaluating the application, the Commission examined the provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement met the statutory requirements, as it provided for fair and reasonable terms, adhered to minimum wage rates, and was made in good faith. Furthermore, the Commission concluded that the agreement appropriately balanced the interests of both employees and employers, leading to the approval of the enterprise agreement.

The Fair Work Commission approved the Steel Haul Holdings Pty Ltd Enterprise Agreement 2014, recognising it as a valid and enforceable agreement under the Fair Work Act 2009. This decision confirmed that the agreement met the necessary legal standards and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established